RENTTO, Presiding Judge.
The issue raised by this habeas corpus proceeding is whether an indigent is entitled to appointment of counsel at public expense when charged in a police magistrate's court with the violation of a town ordinance proscribing public intoxication. We hold he is not.
While the jailer having the applicant in custody produced him at the hearing on the writ, he did not make a return to it nor did he appear either in person or by counsel....
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