(DOWNLOAD) "Allen Lamar v. State Texas" by 353 The Texas Court of Criminal Appeals No. 40 * eBook PDF Kindle ePub Free

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Title: Allen Lamar v. State Texas
Author : 353 The Texas Court of Criminal Appeals No. 40
Release Date : January 17, 1967
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 59 KB

Description

The offense is robbery by assault; the punishment, 25 years. Appellant's first ground of error raised by brief filed in the trial court is his allegation that the trial court erred in failing to grant his motion for new trial on the ground that ten days did not expire from the date of arraignment to the date of trial, and that such time was not waived. He relies on Art. 26.04, V.A.C.C.P., in support of his contention. Art. 26.04 provides for the appointment of counsel for indigents at arraignment or at any time prior to arraignment and further provides that ""the appointed counsel is entitled to ten days to prepare for trial."" The ten day provision for preparation is from the date of counsel's appointment to the date of trial, not from the date of arraignment. Counsel for appellant was appointed on June 30, 1966, prior to arraignment, and trial began July 13. Clearly more than ten days elapsed between counsel's appointment and the date trial began.