Mitchell v. State

Nichols, Justice.

The defendant was jointly indicted with James Henry Walker for the offense of rape but tried separately. The jury found him guilty without a recommendation of mercy and he received the death sentence. Thereafter his motion for new trial was overruled and the present appeal filed.

The defendant’s first trial resulted in a mistrial and before the second trial a written motion was filed seeking to have the indictment quashed and evidence of waivers and statements made by the defendant suppressed because the defendant was not represented by counsel at a line-up and commitment…