Miller v. State

This is the first proceeding under the North Carolina Post-Conviction Hearing Act to come before the North Carolina Supreme Court.

The trial of the proceeding in the Superior Court was accordant with the procedure established by the act. G.S. 15-221. After hearing the testimony, the presiding judge made findings of fact in commendable detail, declared his conclusions of law upon them, and entered final judgment adverse to the petitioner.

The findings of fact of the judge are binding upon the petitioner on this review if they are supported by evidence. S. v. Brown, supra; S. v. Kirksey, 227 N.C.…