Application of Thwing

BIEGELMEIER, Judge.

The petitioner, Robert Thwing, was convicted of the crime of murder and sentenced to life imprisonment in the South Dakota State Penitentiary on April 22, 1952. No appeal was taken from the sentence. In 1969 petitioner brought proceedings under the provisions of SDCL 23-52 for post-conviction relief. After an evidentiary hearing in circuit court, relief was denied. Upon appeal to this Court, we affirmed the decision of the lower court. State v. Thwing, 84 S.D. 391, 172 N.W.2d 277. On February 25, 1970, petitioner applied to the Circuit Court of Minnehaha County,. South…