Smith v. State

Almand, Justice.

Melvin Lewis Smith, on his trial on an indictment charging him with the rape of a named female, on March 25, 1959, was found guilty without a recommendation of mercy and sentenced to death. His motion for new trial on the general and amended grounds was denied. Error is assigned on this order.

Special ground 2 of the amended motion is as follows: “Because the court erred in refusing to grant a continuance or postponement on account of withdrawal of attorneys for movant at the call of the case,. Before the issues were joined, the following occurred:

“By Mr. Copeland: My other…