WADDILL, Commissioner.
The question presented by this appeal is whether the Warren Circuit Court properly overruled, without a hearing, appellant's motion to vacate the judgment sentencing him to the state penitentiary.
Appellant is serving a twenty-one-year sentence pursuant to his conviction of armed assault with intent to rob. KRS 433.150. No appeal was taken. Approximately one year later he filed a motion to vacate the judgment under RCr 11.42. He alleged...
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