
    DAWSON v. THE STATE.
    No. 10726.
    April 12, 1935.
    
      Branch & Howard and K. L. Tiller, for plaintiff in error.
    
      M. J. Yeomans, attorney-general, John A. Boylcin, solicitor-general, J. W. LeOraw, B. D. Murphy, J. T. Goree, and E. J. Glower, contra.
   Gilbert, Justice.

Burel Dawson was found guilty of the offense of murder. He moved for a new trial on the general and two special grounds. To the -judgment overruling the motion he excepted. None of the grounds of the motion shows error.

Judgment affirmed.

All the Justices concur, except

Russell, Chief Justice,

dissenting. Without regard to the potency or sufficiency of the evidence in this case, I am of the opinion that under the assignments of error in the motion for new trial the court erred in refusing the grant of a new trial. This for the reason that the special grounds of the motion evidence such deprival of the boon of counsel to represent a prisoner as requires a reversal of the judgment.  