Warner v. Commonwealth
398 S.W.2d 490
Opinion
Appellant, a prisoner in the state penitentiary at Eddyville, brought this RCr 11.42 proceeding to vacate his conviction after an earlier attempt to secure the same relief had proved unsuccessful. See Warner v. Commonwealth, Ky., 385 S.W.2d 77 (1964). He appeals from a judgment overruling the new motion.
Subsection (3) of RCr 11.42 was intended to protect the courts against the abuse and vexation of successive proceedings to vacate the same judgment, and obviously it applies in this instance.
The judgment is affirmed.
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Warner v. Commonwealth, 398 S.W.2d 490 (Ky. Ct. App. 1966).
398 S.W.2d 490 (Warner v. Commonwealth) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
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423 S.W.2d 517 (Court of Appeals of Kentucky (pre-1976), 1968)
Jennings v. Commonwealth
400 S.W.2d 233 (Court of Appeals of Kentucky, 1966)