McDowell v. State

(Dissenting). — On the 13th day of May, 1932, plaintiff in error, Claude McDowell, was indicted for the crime of rape alleged to have been committed on May 10th, 1932, on a 14-year-old girl who had gone out riding with him in an automobile. He was unable to employ counsel so the court appointed Hon. Ray Selden, a member of the Volusia County Bar, to prepare his defense.

Counsel for defendant, appointed less than 24 hours before the trial, acting as such only because of his appointment by the trial judge, with commendable zeal for the obligations of his profession as an attorney at law, took…