Duke v. State

Townsend, Presiding Judge.

1. Where an indictment was returned against the defendant at the September, 1960, term of the Superior Court of Jeff Davis County, and the defendant took no action at that term or the following December term, it was not error, on the call of the case for arraignment and trial at the March, 1961, term for the court to1 deny a motion for continuance made on the sole ground that counsel had only been employed the day before and wished additional time to prepare special demurrers to the indictment. The defendant must be afforded benefit of counsel, and this includes time…