What is the expected accuracy of the CNN tutorial?

I have loaded the tutorial process and fed in data from here:

(42000 jpeg images in 10 folders)

The process runs fine (approx. 45 Minutes with CPU and about 35 minutes with GPU). If I use the training set as test set as well I reach an accuracy of about 9.97% because every image is classified as a 9. Am I doing something wrong or is there something wrong with the deep learning extension?

Btw, classifying the csv version of the images using  two fully connected layers (plus output layer) reaches an accuracy of about 97%.

Update: By using the full data set for both training and testing of the non-CNN net, an accuracy of 99,91% is reached (excution time 7:45 min with GPU).

Cheers

Friedemann