Popwell. v. State

ALMON, Justice.

Petitioner, George Popwell, was convicted of burglary and sentenced to 20 years’ imprisonment. The Court of Criminal Appeals affirmed his conviction, 492 So.2d 675, without opinion. Popwell filed a petition for writ of certiorari, including a Rule 39(k), A.R.A.P., requested statement of facts sufficient to invoke review. This Court granted the writ to review the issue of whether Popwell was denied the right of compulsory process to obtain evidence for his defense.

The prosecution’s case was based entirely on the eyewitness testimony of the victim. Popwell was arrested after the…