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5th Cir alleged apply appoint counsel appointment of counsel breaking and entering charge under G.S. City CODE Commissioner consistent and substantial Constitution contract conviction court held crime criminal decisions defendant charged determining due execution due process Elon College employee evidence expenditure fact factor federal FELA felony felony-murder doctrine felony-murder rule filling station filling station operator Fourteenth Amendment Gideon guilty Hayes income independent contractor indicate indigent defendants industry injury judge Juris Doctor jury Justice larceny Law School liability master-servant relationship ment misdemeanor Moot Court municipal murder N.C. GEN North Carolina Constitution North Carolina court offense oil company Okla operational activities petitioner Petroleum Corp proof provision public purpose doctrine railroad reasoning right to counsel Rptr scholarships seems Sinclair Refining Sinkler Sixth Amendment STAT statute superior court supra Supreme Court taxation taxpayer testator tion trial court United Wake Forest College witnesses