DAVIS, Commissioner.
James Russell Wheeler, serving a life sentence at Eddyville for armed robbery, sought to vacate the judgment of conviction pursuant to motion. RCr 11.42. The motion was denied without an evidentiary hearing. Wheeler has appealed.
The present judgment properly could be affirmed because Wheeler has already prosecuted a similar motion, the overruling of which was affirmed by this court in an unpublished opinion rendered February 17, 1967...
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