Opinion
No. 57116.
December 17, 1975.
IN RE: CHARLES DONALD BYRD, APPLYING FOR WRITS OF HABEAS CORPUS, CERTIORARI, PROHIBITION AND MANDAMUS.
Writ granted; Evidentiary Hearing ordered to determine whether applicant was an indigent at the time he was denied court appointed counsel.
SANDERS, C. J., dissents from granting of writ. An evidentiary hearing was held as to indigency, and he accepts the finding of the trial judge.
SUMMERS, J., dissents from the granting of this evidentiary hearing, being of the opinion that the finding of the trial judge refutes the allegations of this application.
DIXON, J., concurs in the grant; there has been no hearing on this habeas application.