Joe Elder v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

We have again carefully considered appellant’s contention that it was reversible error for the court below to fail to inform appellant of his right to a suspended sentence; and to fail to appoint counsel for him to prepare and present such application for him.

While our attention is called to authorities holding it mandatory, in a proper case, for the court to comply with these provisions of Art. 776, C. C. P., see McMurray v. State, 119 Texas Crim. Rep., 74; Alverson v. State, 106 Texas Crim. Rep., 513; — and authorities are cited holding it reversible…