Jones v. Smith

ELLETT, Justice:

Mr. Jones, the appellant, was convicted in the district court of the crime of robbery and was sentenced to the State Prison where he is now confined. In that case his lawyer prepared an affidavit to be signed by the appellant, but the appellant refused to sign and announced he preferred to be represented by an uneducated so-called “Jail House” lawyer, and that he would file the affidavit and motion pro se.

An affidavit and motion for a new trial were filed with the clerk of the court but were never called up for disposition. Thereafter, some two years later, appellant filed a…