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CRUMLEY v. TOLLETT

474 S.W.2d 148 (1971)

David C. CRUMLEY, Petitioner, v. Lewis S. TOLLETT, Warden, Brushy Mountain State Prison, et al., Respondents.

Court of Criminal Appeals of Tennessee.

Certiorari Denied December 6, 1971.

Attorney(s) appearing for the Case

John Earl Cooksey and William R. Holt, Jr., Sevierville, for petitioner.

David M. Pack, Atty. Gen., Thomas E. Fox, Deputy Atty. Gen., Nashville, H.F. Swann, Dist. Atty. Gen., Dandridge, for respondents.

Certiorari Denied by Supreme Court December 6, 1971.

OPINION

DWYER, Judge.

The issue in this record is whether a trial judge may dismiss a petition for post conviction relief without a hearing and appointment of counsel. We hold that he may do so when the petition on its face shows no constitutional abridgment.

The petitioner is incarcerated serving a ninety-nine year sentence for committing the offense of murder in the first degree. His...

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