Brotherton v. State

OPINION

DWYER, Judge.

The petitioner is serving a sentence of twenty-five years, having been convicted in 1965 by jury for committing the offense of murder in the first degree. He was represented at the trial by two retained counsel, one of whom at the time of this hearing was deceased. His retained counsel did not appeal his conviction and this is the primary urging by retained counsel on this appeal, following the dismissal of the petition for post-conviction relief after an evi-dentiary hearing. On this appeal petitioner has been adjudicated an indigent by the trial court.

The petition was…