Dutton v. Mims

Duckworth, Chief Justice.

The lower court, having heard the evidence of the prisoner-applicant that he was only fifteen years of age at the time of his trial, that he was an orphan, unaware of his constitutional rights and did not expressly waive them, was not represented by counsel, did not plead guilty, and was unaware of his right to counsel- — all of which stands uncontradicted except by the rebuttable presumption in favor *424of a conviction or judgment unreversed and the express waiver which he denied signing and the signature on which other witnesses testified did not appear to be his — ,…