State ex rel. Roberts v. Henderson

Petitioner Harvey B. Roberts executed a “Waiver of Trial and Request for Acceptance of Plea of Guilty” to the charge of robbery with a deadly weapon on September 23, 1965. The plea was recorded, a jury impanelled, a verdict rendered, and petitioner was sentenced to serve the statutory minimum sentence.

Roberts filed for a writ of habeas corpus on August 18, 1968, and an evidentiary hearing was held on October 27, 1968, resulting in dismissal of the petition. On appeal, the Court of Criminal Appeals reversed, sustaining the *117writ of habeas corpus. We granted certiorari to review that decision.

Rob…