Autry v. State

OPINION

WALKER, Presiding Judge.

The plaintiff in error, defendant, Clyde Autry, was convicted of malicious shooting in the Circuit Court of Carroll County and sentenced to two years in the State Penitentiary. His son, James Autry, was convicted of assault and battery in the same trial, but a motion for new trial was granted in his case and it is not before us.

The question presented on this appeal is whether or not the special prosecutor was disqualified to participate in the trial because the relation of attorney and client had existed between him and the defendant and he had received…