Smith v. State

PIERCE, Judge.

This is an appeal by appellant-defendant’ Elijah Smith from an order denying a motion for post-conviction relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix.

Information was filed on April 26, 1963, in the Lee County Circuit Court, charging Smith with second degree murder, and on the same date, with his Court-appointed attorney present, he waived arraignment and entered plea of not guilty. Thereafter on June 10, 1963, the cause duly came on for trial before a jury, Smith being represented by his said appointed counsel, Mr. W. Ed Weaver, Jr., from the Public…