The appeal is from a judgment of the City Court of Reidsville granting the writ of habeas corpus filed by Wilbur Morris, Jr. and ordering his release from the Reidsville State Prison. While the petition alleges. several reasons why he should be released, including that at and during his trial and imposition of sentence, he was not aware of the fact that he was being tried and did not comprehend the legal issue before him, the only evidence offered by him was his own in which he failed to testify that any of those allegations were true. His testimony related primarily to statements as to why he was not guilty of shooting at another, the offense for which he was found guilty.
The only evidence relating to the validity of his trial is his testimony that “I wasn’t present at my own trial, I was in the judge’s office.” He made the further statement, wholly unrelated or connected in any way that would show to what he had reference: “I didn’t know anything about what was going on. The sheriff and deputy sheriff held me up . . .” He did not say that this was during trial or when sentence was imposed, but it followed testimony as to why he was not guilty. Held:
1. Upon the trial of the case there existed a presumption in favor of the conviction or judgment thereof unreversed, and that the decision of the court convicting him was well founded
(Code
§ 38-114;
Stanforth v. Balkcom,
The prisoner wholly failed to carry that burden. His testimony that he was not present during his trial but was in the judge’s office was not sufficient, as the able counsel representing him may have with his consent or in his presence waived his presence in the courtroom, which he could have done (see
Wilson v. State,
Judgment reversed.