State v. Smith

BROCK, Chief Judge.

The trial of defendant was conducted without defendant being represented by counsel. Defendant assigns this as error and argues that it entitles him to a new trial.

Defendant was arrested on 14 May 1974. On 16 May 1974 counsel was appointed to represent defendant. On 23 May 1974 appointed counsel was permitted to withdraw because of new employment which prohibited his general practice of law. Defendant was brought before Judge McLelland at the 3 June 1974 Session for the appointment of counsel. Defendant stated that *500he did not want appointed counsel and if he had not…