Kelly v. State

This is an appeal from a final judgment denying a petition for post-conviction relief. In his petition the appellant alleged three separate claims for relief:

No. 1) The pistol involved was a blank pistol, therefore not within the prohibitions of the 1935 Firearms Act;

No. 2) Appellant’s trial counsel was incompetent, and;

No. 3) Appellant’s plea of guilty was not intelligently, freely and knowingly entered.

The record in this case discloses the following:

On January 14, 1970, the appellant and one Eugene Carter were charged by affidavit with the offense of robbery, to which they originally…