WHITNEY v. COMMONWEALTH


479 S.W.2d 620 (1972)

James WHITNEY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 31, 1972.


Attorney(s) appearing for the Case

James Whitney, pro se.

John B. Breckinridge, Atty. Gen., M. Curran Clem, Asst. Atty. Gen., Frankfort, for appellee.


PER CURIAM.

James Whitney filed an RCr 11.42 motion challenging his 1971 rape conviction on the sole ground that he was mentally incompetent to stand trial. The Barren Circuit Court overruled the motion and Whitney now appeals, alleging that the issue of his mental competence should have been adjudicated at a hearing.

The only indication in the record that Whitney may have had a mental problem came from the lay testimony of his aunt and a police officer. The...

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