Bentley v. State

NESBETT, Chief Justice.

The question here concerns the extent of the obligation of the state to furnish counsel to an indigent defendant.

Appellant was indicted for assault with a dangerous weapon and convicted of this offense by a jury on February 16, 1962. During the trial appellant was represented by counsel of his own choosing, Peter La-Bate, Esq. He was sentenced to serve three years on February 26, 1962. On March 1, 1962 appellant filed notice of appeal and an affidavit of poverty. The affidavit stated as grounds for appeal that appellant was prejudiced by the remarks of the prosecutor…