Young v. State

WOODLEY, Judge.

The conviction is for sodomy, the precise charge being that appellant used his mouth on the sexual parts of Wyley Dickens for the purpose of having carnal copulation. The jury assessed the maximum punishment of 15 years in the penitentiary.

At the outset we are confronted with certain ex parte affidavits filed in this court which are to the effect that appellant’s retained counsel withdrew on the day of the trial and the trial court refused to appoint counsel for him, though requested to do so.

We are not at liberty to consider these ex parte affidavits. They were, not filed in…