Gregory v. Commonwealth

Court of Appeals of Kentucky

Gregory v. Commonwealth

394 S.W.2d 944, 1965 Ky. LEXIS 237

DecidedOctober 22, 1965

StatusPublished

This text of 394 S.W.2d 944 (Gregory v. Commonwealth) 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.

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Gregory v. Commonwealth, 394 S.W.2d 944, 1965 Ky. LEXIS 237 (Ky. Ct. App. 1965).

Pincite

Opinion

CULLEN, Commissioner.

Robert Gregory, in prison under a three-year sentence for knowingly receiving stolen property, filed motion in the trial court, under RCr 11.42, to vacate the sentence. The motion was overruled without a hearing and Gregory has appealed.

[945]*945The motion alleged (1) a defective indictment; (2) insufficient evidence; (3) illegal search and seizure; (4) improper argument by the Commonwealth’s attorney; (5) erroneous instructions; (6) the trial was “rushed through;” and (7) his paid counsel was inadequate because counsel did not make objections to improper proceedings on the trial and would not take any steps for a new trial or an appeal.

Under King v. Commonwealth, Ky., 387 S.W.2d 582, the allegations were insufficient to warrant a hearing.

The judgment is affirmed.

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