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Fields v. Commonwealth

Court of Appeals of Kentucky
Nov 18, 1966
408 S.W.2d 638 (Ky. Ct. App. 1966)

Summary

establishing the rule that perjured testimony is not a ground for relief under RCr 11.42

Summary of this case from Grider v. Commonwealth

Opinion

November 18, 1966.

Appeal from the Circuit Court, Clay County, William Dixon, J.

Neville Smith, Manchester, for appellant.

Robert Matthews, Atty. Gen., David Murrell, Asst. Atty. Gen., Frankfort, for appellee.


In January 1966 the Clay Circuit Court granted a hearing to Carr Fields, and appointed counsel for him, on his motion under RCr 11.42 to set aside a 1953 judgment of conviction of rape under which he is serving a life sentence. After the completion of the hearing the court overruled the motion, from which ruling Fields has appealed.

The main ground upon which Fields sought relief was that he was convicted on perjured testimony. He produced an affidavit executed by the prosecutrix in 1954, some 18 months after the trial, in which she stated that she had falsely testified against Fields and that in fact he was not guilty. The asserted ground is not one on which relief is available under RCr 11.42. See Bell v. Commonwealth, Ky., 395 S.W.2d 784; Moore v. Commonwealth, Ky., 394 S.W.2d 931; King v. Commonwealth, Ky., 387 S.W.2d 582.

As another ground for relief Fields alleged that he did not have adequate assistance of counsel, in that the two attorneys appointed for him, although appointed 20 days before the trial, did not confer with him until the day of trial, and then only for a few minutes. However, at the hearing on the RCr 11.42 motion the two attorneys testified that they talked with Fields for some time on the day of their appointment, that they acquired all necessary information, and that they made preparation for trial accordingly. We think the evidence supports the lower court's finding that Fields had adequate representation.

The judgment is affirmed.


Summaries of

Fields v. Commonwealth

Court of Appeals of Kentucky
Nov 18, 1966
408 S.W.2d 638 (Ky. Ct. App. 1966)

establishing the rule that perjured testimony is not a ground for relief under RCr 11.42

Summary of this case from Grider v. Commonwealth

In Fields v. Commonwealth, Ky., 408 S.W.2d 638, 639 (1966), the prosecuting witness signed an affidavit that she had not been raped by the accused, and we held that conviction on the basis of perjured testimony was not grounds for post-conviction relief. According to the grand jury's records quoted in the opinion of the trial judge, the girl's mother and brother testified that she had been forced to have sexual relations with her step-father repeatedly, so there was incriminating evidence available even without the girl's testimony.

Summary of this case from Hendrickson v. Commonwealth
Case details for

Fields v. Commonwealth

Case Details

Full title:Carr FIELDS, Appellant, v. COMMONWEALTH of Kentucky, Appellee

Court:Court of Appeals of Kentucky

Date published: Nov 18, 1966

Citations

408 S.W.2d 638 (Ky. Ct. App. 1966)

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