Crain v. State

OPINION

OLIVER, Judge.

Carl J. Crain, the petitioner below, indigent and represented by the Shelby County Public Defender, appeals to this Court from the judgment of the Criminal Court of Shelby County dismissing his petition for the writ of habeas corpus without an evidentiary hearing.

The trial judge dismissed the petition, on motion of the State, upon the ground that the petitioner’s direct appeal from the conviction attacked by this petition was then still pending in the appellate courts of this State.

This petition was filed March 21, 1968. We know judicially that the petitioner’s direct…