Tucker v. State

Brailsford, Justice.

In this habeas corpus proceeding, the circuit court set aside the petitioner’s 1934 Berkeley County sentence of imprisonment for life, and remanded him to the custody of the sheriff. The State has appealed on a single exception, which charges that the court erred in failing to hold that the petitioner’s uncorroborated testimony that he was without counsel at his 1934 trial was legally insufficient to overcome the court record, which reflected that he was represented by two attorneys by appointment of the court.

Petitioner was indicted for murder at the October 1934 term of…