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eBook details

• Title: Copeland v. Commonwealth of Kentucky
• Author : Court Of Appeals Of Kentucky
• Release Date : January 02, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

CULLEN, Commissioner. Sam Copeland, who is serving a life sentence in the state penitentiary as an habitual criminal pursuant to a 1946 judgment of the Muhlenberg Circuit Court upon a verdict which found him guilty of storehouse breaking and of having in 1927 and 1938 been convicted in the McCracken Circuit Court of previous felonies, filed a motion in the McCracken Circuit Court under CR 60.02 to set aside the 1927 and 1938 convictions on the ground that he did not have counsel at the trials which resulted in those convictions. (This was a preliminary step designed hopefully to lead eventually to the setting aside of the habitual criminal conviction on the ground that the prior convictions were void. Cf. Wilson v. Commonwealth, Ky., 403 S.W.2d 710.) After a full hearing, the circuit court entered an order overruling the motion. Copeland has appealed from that order.

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