Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 59
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...proceed without counsel. He thereupon entered his plea of not guilty and was admitted to bail in the sum of $10,000, which he gave by depositing with the clerk that amount in cash. On September 9, the court called its calendar and the cause was set for trial at 2 o'clock on October 16. On that day, at the hour fixed, the cause came on regularly for trial, whereupon the defendant stated that he was without counsel to defend him. The court explained to him that he had had ample time to obtain counsel and he must proceed with the trial. It will be noted that the defendant did not ask time to procure counsel, but merely stated that he was without counsel. Under the circumstances we do not think the court deprived him of any constitutional right, as counsel contends. Having at the time of his arraignment exprwsly stated that he did not desire counsel to defend him, and having had ample time thereafter to procure counsel and prepare his defense, we do not think he may now insist with good grace that he was not accorded every right to which he was entitled. We are confirmed in this view when we call to mind that he is a man of ample means, which is demonstrated by the fact that he was able to deposit $10,000 in cash for his bail, as well as by the further fact that he is apparently a prosperous farmer, and therefore a man of fair average intelligence, who could appreciate the seriousness of the charge preferred against him. So far as we can judge from what occurred at the time, the de fendant did not express a desire for counsel, nor did he in59 Mont.--23 59 Mont. 346. timate to the court that he would procure counsel if he should be allowed time to do so. The court had no assurance that if he should be granted time he would be more assiduous...
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- 13 Sep 2013
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