No. Annotated (1935), Vol.
In two states, there are dicta in judicial decisions indicating a probability that the holding of the court below in this case would be fllowed under similar circumstances. CALIFORNIA: California Penal Code of 1872, § 987; Deering's Penal Code, 1937, § 987. Maryland, in 1776, and New York, in 1777, adopted provisions to the effect that a defendant accused of crime should be 'allowed' counsel. Pardee v. Salt Lake County, 39 Utah 482, 118 P. 122, 36 L.R.A., N.S., 377, Ann.Cas.1913E, 200.Without waiving his asserted right to counsel the petitioner pleaded not guilty and elected to be tried without a jury. 1 of Art. Syllabus. 715. ARKANSAS: Compiled Laws, Arkansas Territory, 1835, Crimes and Misdemeanors, § 37; Pope's Digest, 1937, Vol. 322, 327, 53 N.E. Nebraska: Gen.Stats.1873, Ch. 1, Par. I, Sec. 874, 73 Am.St.Rep. L. & Proc. The court below found that the petitioner had 'at least an ordinary amount of intelligence.' Laws, 1933, 430, 431. 14).The Constitutions of the thirteen original states, as they were at the time of federal union, exhibit great diversity in respect of the right to have counsel in criminal cases. 6); 'by himself or counsel or (by) both': Florida (Dec. of Rights, Sec. (1927) Vol. I, Sec. Vol. See Fugate v. Commonwealth, 1934, 254 Ky. 663, 665, 72 S.W.2d 47.Arizona: Code (1939) Art. II, Code of Crim.Proc. His request was denied. LOUISIANA: Act of May 4, 1805, of the Territory of Orleans, § 35; Dart's Louisiana Code of Criminal Procedure, 1932, Title XIII, Art. And compare Texas Code Crim.Proc. No one questions that due process requires a hearing before conviction and sentence for the serious crime of robbery. 46—47. (1929) Crim.Proc. By constitutional provision. Betts v. Brady, 316 U.S. 455 (1942), was a landmark case decided by the United States Supreme Court in 1942. NEW MEXICO. 19); Minnesota (Art. 9); Tennessee (Art. 11); Pennsylvania (Art. 2, c. 48, §§ 502, 505, as amended by Laws of 1937, 498, § 1. 10); West Virginia (Art. II, Sec. 10); or 'in person, or by counsel': Kansas (Bill of Rights, Sec. II, Sec. He was too poor to afford a lawyer, so he asked the state Circuit Court to appoint one. I, Sec. Missouri: Casselberry's Rev.Stats.1845, pp. 134, § 12, p. 713; R.S.1930, Chap. He so informed the court and requested that counsel be appointed to defend him. Maryland (Dec. of Rights, Art. 293. III, Sec. * * * Why this great solicitude to secure him a fair trial if he cannot have the benefit of counsel?' Argued April 13, 14, 1942. 11); Rhode Island (Art. 837. III, § 26-804). 16); Illinois (Art. The holding in this case was later overturned by the court's ruling in Gideon v… In the light of the ... ignorance and illiteracy of the defendants, their youth, the circumstances of public hostility, the imprisonment and the close surveillance of the defendants by the military forces, the fact that their friends and families were all in other states and communication with them necessarily difficult, and above all that they stood in deadly peril of their lives—we think the failure of the trial court to give them reasonable time and opportunity to secure counsel was a clear denial of due process.But passing that, and assuming their inability, even if opportunity had been given, to employ counsel, ... under the circumstances just stated, the necessity of counsel was so vital and imperative that the failure of the trial court to make an effective appointment of counsel was likewise a denial of due process within the meaning of the Fourteenth Amendment.Whether this would be so in other criminal prosecutions, or under other circumstances, we need not determine. 24); Colorado (Art. Although afforded the opportunity, he did not take the witness stand. III, § 44-904. But cf. 94, § 9957. 651; Clark v. State, 239 Ala. 380, 195 So. 62; Acts & Resolves, 1891, Ch. 57, Sec. 10); Nebraska (Art. 368, Laws 1937, c. 22. They also ruled that the states did not have to pay for free lawyers for poor defendants. 29-1803. States which require that indigent defendants in non-capital as well as capital criminal cases be provided with counsel on request:Alabama: Code (1940) Tit. 82, § 160, p. 845; Gen.Stats.1935, Chap. 146, § 14, p. 1655. 589, with La.Code Crim.Proc. William C. Walsh, of Baltimore, Md., and Robert E. Clapp, Jr., of Frederick, Md., for respondent.Some months later a petition for a writ of habeas corpus was presented to Hon. Changes in the statutes of other states might be cited.