Allred v. State

In Allred v. State, 187 So. 2d 28 (Miss. 1966), the defendant was not afforded an attorney until the arraignment, and he argued his constitutional rights were violated as a result. The mere fact that the defendant did not have an attorney until he was presented for arraignment does not mean that the court must release him. It simply means that where it is later discovered that some undue advantage was taken of the defendant before he had an attorney, he will be granted a new trial, and the evidence wrongfully obtained will not be permitted to be used against him. He will be furnished an attorney to represent him on a new trial. Allred, 187 So. 2d at 32. The Allred court found nothing in the record to indicate that Allred had been taken advantage of or was unduly prejudiced in any way by not having had an attorney present. Id.