Lewis v. State

George Rose Smith, Justice.

In 1969 the appellant was charged with first degree murder, committed in the perpetration of robbery. Upon the advice of employed counsel the appellant pleaded guilty to the charge, apparently with the understanding that the prosecution would not seek the death penalty. A jury was empaneled, which found the offense to be murder in the first degree and fixed the punishment at life imprisonment.

In 1970 the appellant filed the present petition for postconviction relief under Criminal Procedure Rule 1. Ark. Stat. Ann., Vol. 3A, Supp. 1969, p. 91. He asserted that at the…