Rogers v. State

GEORGE MURPHY, Circuit Judge.

Appellant was indicted for murder in the first degree. He was convicted of murder in the second degree and his punishment was fixed at imprisonment in the penitentiary for a term of sixteen years.

For the purposes of this appeal the following statement of fact will suffice:

The offense with which appellant was charged occurred in March, 1973. He was arrested at that time and held in the Barbour County Jail until indictment. At the time of his arrest it appears from the testimony of the appellant that the same attorney who subsequently was appointed by the court to…