Gabbard v. Lair

CATINNA, Commissioner.

Noble Gabbard was convicted in the Pendleton Circuit Court of receiving stolen property and his punishment fixed at three years’ imprisonment. Gabbard filed a timely notice of appeal. Later he moved that he be permitted to proceed on appeal in forma pauperis and in support of the motion filed an affidavit stating, “ . . . that he is entirely without funds or property of any kind whatsoever with which to retain counsel and to pay the cost of an appeal.” No counter-affidavits were filed. The trial court, without making any findings of fact, summarily denied the motion.

Gabba…