Evans v. State

This case comes to us on appeal from a conviction of murder in the first degree after trial by jury in the Clark Circuit Court. The appeal raises questions concerning the proper procedure to be employed in the use of our Post Conviction Remedy Rule 2, as well as substantive issues concerning the sufficiency of the evidence at appellant’s trial, the refusal of the trial court to give one of appellant's instructions, and whether appellant is entitled to an evidentiary hearing on the question of his competency at the time of trial.

On January 9, 1959, appellant, Roy Evans, was indicted for first…