Davis v. State

The appellant was tried and convicted, in a trial to the court, of assault and battery with intent to rape, as defined by Burns’ Ind. Stat. Anno. § 10-401 (Supp. 1967). Two main contentions are made. The first is that the appellant was denied the right to counsel for the purpose of filing a motion for a new trial. The record shows in this particular that the appellant on July' 26, 1966, more than thirty days after the finding of guilty, filed his pro se motion for a new trial based upon the specifications that the verdict was contrary to law and not .sustained by sufficient evidence.

The…