Boys v. State

— On May 2, 1940, appellant Boys was convicted of first degree murder by a jury in the Montgomery Circuit Court. Boys was sentenced to life. imprisonment. On April 8, 1977, appellant filed a Petition for Permission to File a Belated Motion to Correct Errors pursuant to Ind. R. P.C. 2 § 1. The trial court denied this petition on April 25, 1977, due to appellant’s lack of diligence as required by Ind. R. P.C. 2 § 1(c). This appeal presents the issue of whether the denial of appellant’s petition was contrary to law.

The record reveals that when appellant was sentenced on May 6, 1940, he was not…