Guy v. State

OPINION

WALKER, Presiding Judge.

Without an evidentiary hearing the trial judge sustained a motion to dismiss this petition for postconviction relief. The petitioner appeals. We affirm.

The petitioner says that the state’s motion to dismiss is in the nature of a speaking demurrer since it alleges facts not contained in the original petition. With this we agree. T.C.A. 40-3814 authorizes the district attorney general to file with a responsive pleading the records or transcripts material to the questions raised in the petition. His assistance in bringing together the files and records in the case…