Bennett v. State

DICE, Commissioner.

Appellant was convicted of sodomy and his punishment assessed at fourteen years in the penitentiary.

In view of our disposition of the case, a recitation of the facts is unnecessary.

Trial was on March 11, 1964, upon appellant’s plea of not guilty to the indictment. Appellant was represented by the Honorable Tim Curry, an attorney appointed by the court on March 4, 1964, to represent him upon affidavit being made that appellant was unable to employ counsel.

There appears in the record a written waiver, signed by appellant but not by his counsel, of the ten days allowed counsel…