Tucker v. Gladden

*110HOLMAN, J.

Petitioner, without being represented by counsel, pleaded guilty to an information charging him with assault and battery while unarmed, by means of force likely to produce great bodily injury. He was sentenced to serve not to exceed five years in the penitentiary, and he thereafter brought this post-conviction proceeding contending he is unlawfully confined by the defendant, who is the warden of the penitentiary.

The basis for relief advanced by petitioner is that he did not voluntarily and understandingly waive counsel and enter a plea of guilty to the charge. After a…