Russell v. Commonwealth
Russell v. Commonwealth
Opinion of the Court
Appellant Russell, Jr. appeals from an order overruling his motion to vacate sentence pursuant to RCr 11.42. It is our opinion that appellant’s complaints are without merit.
Appellant alleged in his post-conviction proceedings that he was deprived of his constitutional right to have a preliminary hearing. He was charged with two counts of indecent and immoral practices with another (KRS 435.105). The trial court found that the record indicated the appellant was given a preliminary hearing on one count of the charge on April 8, 1970, and that he was present and repre
Appellant alleges that he was “brought to trial on a defective and void indictment” since it did not state as an element of the charge that appellant was seventeen years or over and the indictment had been altered to indicate such without his knowledge or consent. The trial court found that the record
We shall not consider the remaining arguments which appear in appellant’s brief since they were not raised at the trial-court level. Brister v. Commonwealth, Ky., 439 S.W.2d 940 (1969).
The judgment is affirmed.
. The record was not filed in the appellate court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.