Benson v. Iler
This text of 371 S.W.2d 15 (Benson v. Iler) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Crandell G. Benson, a prisoner in the Kentucky State Penitentiary, seeks in this court original relief in the nature of mandamus to compel respondent, judge of the circuit court by which he was convicted and committed, to rule on his motion under RCr 11.42 to vacate the judgment of conviction.
[16]*16The response indicates that the RCr 11.42 motion is insufficient on its face. If so, it should be summarily overruled in order that petitioner will not be deprived of the right of testing its sufficiency by appeal.
The petition is sustained and respondent is directed to dispose of the motion by appropriate order.
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371 S.W.2d 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benson-v-iler-kyctapp-1963.