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FRYREAR v. COMMONWEALTH

507 S.W.2d 144 (1974)

Leroy FRYREAR, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 1, 1974.

Attorney(s) appearing for the Case

Stuart L. Lyon, Louisville, for appellant.

Ed W. Hancock, Atty. Gen., George Geoghegan, III, Asst. Atty. Gen., Frankfort, for appellee.

JONES, Justice.

This is an appeal from an order of the Jefferson Circuit Court overruling Fryrear's motion to vacate a judgment pursuant to RCr 11.42.

On May 23, 1969, the Jefferson Circuit Court entered a judgment pursuant to a jury verdict finding Fryrear guilty of murder and rape of nineteen-year-old Faith Ann Callahan. He was sentenced to death on the murder conviction and to life in the penitentiary without benefit of parole on the rape conviction. Fryrear...

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