This section contains the nature of the case and procedural background.

D was arrested on March 21, 1938, arraigned for murder and two local attorneys were appointed to represent him. Pleas of not guilty and not guilty by reason of insanity were entered, and the trial was set for March 23. The case was called on the 24th and D's attorneys filed a motion for continuance; they had not had sufficient time and opportunity since their appointment two days before to investigate and prepare a defense. The trial proceeded before a jury on the 24th. D was found guilty the same day and sentenced to death. D moved for new trial for failure to grant the continuance. The motion for a new trial was overruled. D appealed.

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