State v. Matthews

*746OPINION

O’HARA, Judge.

This case comes before the Court pursuant to Rule 35(a) of the Superior Court Criminal Rules, petitioners seeking post-conviction relief in the form of a new trial on charges previously preferred against them.

The petitioners, Perry Matthews and Reginald Samuels, were defendants in No. 974 Criminal Action 1967. In that case petitioners were charged with kidnapping, rape and robbery. They were tried before a jury and found guilty of kidnapping, rape, with a recommendation of mercy, and assault, as the lesser included offense of the crime of robbery. The petitioners appealed…