1 Briefly the facts contained in the record reveal that Plaintiff in Error, Adell "alias" Freddie Davis, hereinafter referred to as defendant, was charged with the offense of Robbery with Firearms after former conviction. He was represented by private counsel through the preliminary hearing and his arraignment in District Court. On October 27, 1960, defendants attorney appeared before the court and requested to withdraw from the case. This request was allowed and the court then appointed Ollie Gresham, one of the public defenders, to represent defendant. The case was then set for trial on November 9, 1960. On that date the public defender, Ollie Gresham, appeared for defendant and moved that defendant be sent to a mental hospital for observation relative to possible psychosis and inability to stand trial. The motion was sustained and under court order the defendant was subsequently removed to the hospital at Taft, Oklahoma, where he remained under observation for the entire 90 day period. Defendant was diagnosed as Sociopathic Personality Disturbance, Anti Social Reaction. On February 23, 1961, his release having previously been ordered, the defendant was returned from Taft to the Tulsa County jail. Eleven days later, March 6, defendants case was called for trial. The public defender, Ollie Gresham, had since vacated the office and made no appearance. After the state had announced ready the court inquired of defendant if he was ready. He announced "Yes". The court then inquired if he was represented by counsel. Defendant replied "I dont need an attorney, Jesus Christ is my lawyer." Whereupon, the court appointed Mr. Chris Rhodes, the public defender, to represent the defendant. Mr. Rhodes advised the court that he had never heard of the case before, and nothing it to be a capital offense would like to have the case continued to a later date to give him time to prepare. The court advised the public defender that defendant had had several months to obtain counsel and that the court would take a recess to give the public defender time to confer with defendant. The defendant and Mr. Rhodes retired to the ante room and approximately five minutes later the public defender announced to the court in chambers that the defendant refused to co-operate with him, and that he did not desire the public defender to represent him and refused to discuss his defense with him. Whereupon, the court directed Mr. Rhodes to aid and assist the defendant in whatever capacity the defendant would permit Mr. Rhodes to act. The court advised the defendant that he would allow the defendant to represent himself and that the court would appoint Mr. Rhodes to sit at the counsel table and advise and assist the defendant in whatever capacity the defendant would permit the public defender to act. The court so advised the jury and the case proceeded to trial. No attempt was made by defendant to examine the jury on voir dire and no challenges were raised by him. Defendant made no attempt to cross-examine any of the prosecuting witnesses nor did he make any opening statement in his behalf. Defendant took the stand at the direction of the public defender and the call of the court.
