Wimberly v. State

Mentor W. Millwee, Justice.

The appellant was indicted for selling intoxicating liquor in dry territory. A jury found Mm guilty and fixed Ms punishment at a fine of $50 and a jail sentence of 35 days. This appeal is prosecuted to reverse the judgment entered on the jury’s verdict.

Appellant elected to act as his own counsel during the trial, but, after his conviction, employed attorneys who filed a motion for new trial containing 11 assignments of error. It is first argued that the trial court erred in ordering a second trial of appellant on the day following a mistrial when the first jury…