STATE EX REL. ROBERTS v. HENDERSON


442 S.W.2d 629 (1969)

STATE of Tennessee ex rel. Harvey B. ROBERTS, Appellant, v. C. Murray HENDERSON, Warden, Tennessee State Penitentiary, Appellee.

Supreme Court of Tennessee.

June 13, 1969.


Attorney(s) appearing for the Case

Joe B. Jones, Memphis, for appellant.

George F. McCanless, Atty. Gen., and Robert H. Roberts, Asst. Atty. Gen., Nashville, for appellee.

Clyde Mason, Asst. Dist. Atty. Gen., Memphis, prosecuted the case in the trial court.


OPINION

HUMPHREYS, Justice.

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...

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