Murray v. State

HENDRY, Judge.

Appellant, Moses K. Murray, appeals from an order denying relief prayed for under Criminal Rule No. 1, F.S.A. ch. 924 Appendix.

The “petition” was heard and ruled upon by a judge of the Criminal Court of Record who had not presided at the trial of the accused, but was the successor to the late Judge Ben Willard, the trial judge. Appellant was not present at the hearing, but the Public Defender was present and made an argument in support of appellant’s motion.

The trial court erred in denying appellant’s motion for relief without having first held a hearing for the purpose of…