Wilson v. State

MORRISON, Judge.

The offense is swindling; the punishment, five years.

Our able state’s attorney has confessed error herein.

Appellant was indicted, tried, convicted, and sentenced on the same day. He plead guilty before the court without the intervention of a jury and without the benefit of counsel.

The learned trial court apparently did not familiarize himself with the terms of Article 10a, C. C. P., which provides in part as follows: “Provided, that before a defendant who has no attorney can agree to waive a jury, the court must appoint an attorney to represent him.”

In Hernandez v. State, 138…