Warner v. Commonwealth

Court of Appeals of Kentucky

Warner v. Commonwealth

398 S.W.2d 490

CourtCourt of Appeals of Kentucky

DecidedJanuary 21, 1966

StatusPublished

Cited by2 cases

This text of 398 S.W.2d 490 (Warner 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.

Bluebook

Warner v. Commonwealth, 398 S.W.2d 490 (Ky. Ct. App. 1966).

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Opinion

PALMORE, Judge.

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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PALMORE, Judge.

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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Bluebook (online)

398 S.W.2d 490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warner-v-commonwealth-kyctapp-1966.

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