Smith v. State

On January 16, 1969, appellant was found guilty, by a jury in the Marion Criminal Court, of first-degree murder and first-degree felony murder. Appellant was tried jointly with a co-defendant, William Bivins, and both received the same convictions and sentences. Appellant did not appeal his convictions. Co-defendant Bivins did appeal, and his convictions were affirmed by the Indiana Supreme Court. Bivins v. State, (1970) 254 Ind. 184, 258 N.E.2d 644. On January 19, 1976, Smith filed a verified petition for post-conviction relief under Ind. R. P.C. 1. This case is before this court on the…