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PRATER v. COMMONWEALTH

476 S.W.2d 833 (1972)

Estill PRATER and Farrell Smith, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

February 18, 1972.

Attorney(s) appearing for the Case

Estill Prater, pro se.

Farrell Smith, pro se.

John B. Breckinridge, Atty. Gen., James B. Wooten, Jr., Asst. Atty. Gen., Frankfort, for appellee.

CATINNA, Commissioner.

Estill Prater and Farrell Smith were jointly indicted on counts of breaking and entering and grand larceny. Prater and Smith were found guilty on the count of grand larceny and each sentenced to three years. No appeal was prosecuted. Prater and Smith filed a motion to vacate the judgment pursuant to RCr 11.42; the motion was overruled without an evidentiary hearing. This appeal seeks a reversal of the order denying the motion to vacate. Numerous...

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