Pizzitola v. State

Since the rendition of our original opinion, my attention has been called to several cases which hold that the failure to appoint counsel for an indigent accused charged with a misdemeanor (which provides as punishment confinement in jail) raises a constitutional question. I would favor following the reasoning of the Fifth Circuit Court of Appeals in Glenn v. United States, 303 F.2d 536, wherein they said, “The public is not obliged to furnish free legal help for a defendant who is earning sufficient income to provide his own”, but find that in the case at bar appellant testified that he was…