HAMILTON v. COMMONWEALTH


458 S.W.2d 166 (1970)

Rudolph HAMILTON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

September 25, 1970.


Attorney(s) appearing for the Case

Rudolph Hamilton, pro se.

John B. Breckinridge, Atty. Gen., Douglas E. Johnson, Asst. Atty. Gen., Frankfort, for appellee.


EDWARD P. HILL, Jr., Chief Justice.

This is an appeal from an order and judgment overruling the appellant's motion under RCr 11.42 to vacate a judgment sentencing him to death for the crime of wilful murder.

Subsequent to this judgment, the Governor of the Commonwealth commuted the sentence for the death penalty to life in prison "without privilege of parole."

Basically the appellant makes two points on this appeal: (1) he says there is no record on...

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