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

Clark (D) was arrested in 1975 for possession of a controlled substance and possession of marijuana. D was tried, and a mistrial was declared. The matter was reset for trial at a later date, but before the second trial, D got married to Daling. Daling owned 250 acres of wheat land. D was tried and convicted and after conviction requested review at public expense because she claimed she was indigent. The court determined that D was indigent but that her husband's assets were more than sufficient to finance an appeal. The court determined that she was not entitled to an appeal at public expense.

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