Ingram v. State

*260OPINION

RUSSELL, Judge.

This is the appeal of Sam E. Ingram from the dismissal without an evidentiary hearing of his petition for post-conviction relief.

The petition sub judice does not mention the fact that a prior habeas corpus petition had been filed by Ingram, was the subject of an evidentiary hearing, and its dismissal was appealed to and affirmed by our Supreme Court in an opinion filed January 5, 1968. Said Supreme Court opinion is published as State ex rel. Ingram v. Henderson, 220 Tenn. 676, 423 S.W.2d 479.

Of course, T.C.A. § 40-3804(8) provides that such a petition as this shall…