COX v. COMMONWEALTH


465 S.W.2d 76 (1971)

Billy B. COX, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 26, 1971.


Attorney(s) appearing for the Case

Raymond Lape, Newport, Kevin Quill, Covington, for appellant.

John B. Breckinridge, Atty. Gen., George Rabe, Asst. Atty. Gen., Frankfort, for appellee.


OSBORNE, Judge.

This is an appeal from an order of the Campbell Circuit Court overruling appellant's motion to vacate a judgment of conviction pursuant to RCr 11.42. Appellant complains that his appointed counsel had insufficient time to prepare a proper defense and that he was denied the right to be present at an evidentiary hearing.

At a preliminary hearing before the court appellant pleaded not guilty to the charge of murdering Clarence Myers. At his arraignment...

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