reported that he had seen Clarence Earl Gideon in the poolroom at around 5:30 that morning, leaving with a wine bottle, a Coca-Cola, and some change in his pockets. Based on this accusation alone, the police arrested Gideon and charged him with breaking and entering with intent to commit petty larceny.

Gideon appeared in court alone, as he was too poor to afford to hire a defense lawyer. The following conversation took place