Rodriguez v. Municipal Court

Opinion

BROWN (G. A.), J.

The problem here is whether the superior court erred in refusing to issue a peremptory writ of mandate directing the municipal court to appoint an attorney at public expense to represent appellant in a criminal prosecution for violation of Penal Code section 647, subdivision (f) (disorderly conduct due to public intoxication), a misdemeanor.

The appeal is upon the clerk’s transcript alone.

The verified petition praying for issuance of the writ alleges, among other matters:

“It was the duty of said respondent to inquire into the indigency and *524competency of said petitioner…