Barton v. State

SWANN, Judge.

The appellant was convicted of assault with intent to commit robbery, and on May 28, 1963 was sentenced to serve seven years in a state institution. No appeal was filed from this conviction.

On May IS, 1964 appellant filed a motion to vacate the judgment and sentence, alleging in essence that there was insufficient evidence to sustain the conviction. The trial court, after a hearing with the appellant present, denied the petition on July 31, 1964. On September 14, 1964, a second petition was filed, alleging essentially the same matters set forth in the first petition. On September…