State v. Gamage

WEBBER, Justice.

The defendant Gamage was convicted by a jury of an attempt to break and enter with intent to commit larceny. Being indigent, he was aided in his prosecution of this appeal by court appointed counsel.

Defendant seasonably filed notice of appeal with a request that counsel be appointed to represent him on appeal and that a transcript of the record be prepared. The Justice below entered an order in these terms, “Hearing had. Court finds Motion frivolous, not in good faith and intended for delay. Appeal denied." (Emphasis ours). Although the issue is not now before us, the error…