Davis v. State

The appellant filed a Motion to Vacate Judgment and Sentence under a Rule 1 proceeding. An evidentiary hearing on said motion was ordered by the Circuit Judge and the hearing held in accordance therewith. Testimony was taken at the hearing, but for some reason the attorney representing the appellant at said hearing did not require a record to be made of such testimony, nor an agreed statement of fact as to such testimony made and filed.

The motion was denied and the defendant has appealed. Appellant was granted an extension of time within which to file his brief. No record on appeal was filed…