Carter v. State

L. A. Smith, Sr., J.,

delivered the opinion of the court.

Willie Carter was convicted in the Circuit Court of Newton.County of the murder of G-. S. Worthen in June 1944. On appeal here, 198 Miss. 523, 21 So. (2d) 404, the judgment of conviction was reversed because from the record it appeared that appellant was then mentally incapable of remembering and intelligently stating the facts on which his defense rested.

In the first trial, no point was made of appellant’s inability to take care of himself and assist his counsel at the trial because of his mental condition, but we considered it here…