Smelcher v. State

The appellant was indicted by the Grand Jury of Calhoun County for the offense of rape. At arraignment he entered a written plea of not guilty. A jury found the appellant guilty as charged. The trial court entered judgment accordingly and sentenced appellant to a term of fifteen years in the penitentiary. Appellant was represented by court-appointed counsel at all proceedings in the trial court, and is so represented in this court by same counsel.

This was the second trial for the appellant on this offense. A mistrial was declared by the trial court at the conclusion of the first trial when…