What is the sole ground for relief in a civil case brought by an appellant who was questioned and convicted of assault by police without counsel present?

The sole ground for relief urged by appellant is that he was interrogated by police without counsel being present and without being advised of his right to counsel, which statements were introduced into evidence at his trial. He relies on Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964). On the face of appellant's petition it appears that he was tried and convicted prior to September 5, 1962. On the basis of Johnson v. New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882 (June 20, 1966), which held that the Escobedo holding is available only to persons whose trials began after June 22, 1964, appellant is entitled to no relief.

Judgment affirmed.