Dean v. State

SIMMONS, Supernumerary Circuit Judge.

Appellant-defendant, (a non-indigent except as to a free transcript) represented at the nisi prius and here by employed but not the same counsel, was indicted for murder in the first degree and convicted of murder in the second degree with punishment fixed at twenty-five years in the penitentiary.

The alleged homicide occurred on December 2, 1972. The defendant was arraigned on September 11, 1973, at which time he plead not guilty and not guilty by reason of insanity. Trial began on September 24, 1973.

At the time of the alleged homicide, indictment and…