Carey v. State

This appeal is from an order denying a petition for relief under Criminal Rule 1, F.S.A. ch. 924 Appendix. The appellant was indicted by a grand jury and charged with the crime of rape. One week before he was arraigned, counsel was appointed for him by the court. At arraignment he pleaded not guilty. On the trial, at which he had the assistance of counsel, he was found guilty by a jury which recommended mercy. The court adjudged him guilty and sentenced him to life imprisonment.

Petitioner’s subsequent motion for relief under Criminal Rule 1 is predicated on the sole ground that he was not…