State v. Smith

CLARK, Judge.

Defendant assigns error in the finding that he was not indigent and the denial of his request for appointment of counsel. According to the record on appeal on 10 June 1974, he waived preliminary hearing and waived in writing the assignment of counsel. The case was calendared for trial on 22 July 1974. On that day the defendant appeared in court and filed an affidavit of indigency, disclosing facts as follows: That he was an E-4 in the U. S. Army with an income of $413.00 per month; that he had $120.00 held for him or owed to him; that he was not married and had no children; and…