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SMITH v. STATE

2 Div. 13.

228 So.2d 840 (1969)

Roscoe SMITH v. STATE.

Court of Criminal Appeals of Alabama.

November 25, 1969.

Attorney(s) appearing for the Case

No Attorney for appellant.

MacDonald Gallion, Atty. Gen., and Walter S. Turner, Asst. Atty. Gen., for the State.

CATES, Judge.

Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 is retroactive. Barnes v. State, 42 Ala.App. 504, 169 So.2d 313.

However, Smith's lack of counsel in 1942 when he, without counsel, pleaded guilty to two indictments for assault with intent to rob does not relieve him from obeying and enduring two sentences for life. Concededly, he had counsel when arraigned and...

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