Moultrie v. State

OPINION

DAUGHTREY, Judge.

This case is before us on appeal from an order of the Shelby County Criminal Court denying appellant’s post-conviction petition after an evidentiary hearing in the trial court.

The appellant was convicted in the same court on January 27,1971 of burglary in the second degree and sentenced to serve three to eight years in the penitentiary. This motion for a new trial was overruled on February 26,1971 and on March 11,1971 he was declared indigent and granted an appeal from the judgment of conviction. However, the technical record fails to show whether an attorney was…