State v. Taylor

The petitioner has been well advised, both as to the substantive and procedural law applicable to his situation, as will appear from an examination of the authorities cited in the report above set out.

Where the defendant in a criminal prosecution, less than capital, is unable to employ counsel, the appointment of counsel for him is discre tionary with the trial court. S. v. Hedgebeth, 228 N. C., 259, 45 S. E. (2d), 563. It is otherwise, however, in capital cases. G. S., 15-4; S. v. Farrell, 223 N. C., 321, 26 S. E. (2d), 322. “In a capital case, where the defendant is unable to employ…