On November 7, 1964 Anthony Rizzo was murdered; his body was found on the tidal mudflats of Turnagain Arm two days later. George Fajeriak was arrested soon afterward, and a jury subsequently found him guilty of first degree murder. His conviction was affirmed by this court. In 1970 appellant instituted an application for post-conviction relief pursuant to Criminal Rule 35, and the public defender was appointed to represent him. After a host of motions, pleadings, and affidavits, relief was denied on May 31, 1972 without holding an evidentiary hearing. This appeal was brought shortly thereafter.
