Brown v. State

WALKER, Presiding Judge.

OPINION

By his petition for postconviction relief, John Henry Brown attacks the constitutionality of his conviction for assault with intent to commit second degree murder and sentence to one to five years in the penitentiary. His counsel did not want an eviden-tiary hearing but submitted his claims on the pleadings, the stipulation of the facts and the record, including the transcript of two witnesses at the trial. This testimony was considered by the trial judge in making his memorandum and order dismissing the petition. In that order the trial judge carefully reviewed…