Bailey v. State

Broyles, O. J.

1. “It is a constitutional right of a defendant in a criminal case to have the benefit of counsel (Civil Code, § 6361) ; but he can waive this right. If the record shows that the accused did not have counsel, it is not cause for a new trial, unless it further appears that the right to have counsel was denied him.” Gatlin v. State, 17 Ga. App. 406 (87 S. E. 151). It does irot appear from the record in this case that the accused was denied his constitutional right to have counsel. The case of Cook v. State, 48 Ga. App. 224 (172 S. E. 471), cited by counsel for the plaintiff in…