Fuller v. Commonwealth

Harry Eugene Fuller was' indicted for first degree .murder of Bobby Gene Padgett. Being without counsel and without means to employ one of his choice, the court -appointed an able and competent attorney at law to defend him. Upon his arraignment, the defendant, after consultation with his counsel, entered a plea of not guilty, in his own proper person. A jury found him guilty as charged in the indictment and fixed his punishment at death. From a judgment confirming that verdict, this writ of error was awarded.

The evidence was without conflict. On February 3, 1959, about 11:50 p.m., Joseph…