Bailey v. State

Lyle Brown, Justice.

This is an appeal from a Rule I hearing in which appellant was denied relief. Six points are listed for reversal, not one of which was listed in his petition. He never amended his petition. We are asked to treat the petition as amended to conform to the proof. We cannot agree to such procedure. We have many times held that the allegations for relief under Rule I must be stated in the petition or amendments thereto. The latest case is that of Fleschner v. State, 253 Ark. 58, 484 S.W. 2d 342 (1972), where we said:

The basis of this complaint [point on appeal] was not asserted…