Coleman v. State

Appellant has appealed an order entered by the Court of Record of Escambia County denying his motion for relief filed pursuant to Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix. The sole point on appeal *715■challenges the action of the trial court in denying appellant’s motion for relief without affording him an evidentiary hearing thereon as permitted by the rule.

An examination of the motion filed by appellant reveals an absence of any allegation to the effect that at the time of his arrest and trial he was indigent and unable to procure the services of counsel. Allegation and proof of…