State v. Houston

The question here is whether Georgia’s statute providing for a preliminary hearing is a critical stage of a criminal prosecution. Code Ann. § 27-401 et seq. If it is, counsel must be appointed for an indigent accused. Coleman v. Alabama, 399 U. S. 1 (90 SC 1999, 26 LE2d 387).

The nature of the preliminary hearing determines whether it is a critical stage. If it is a limited non-adversary proceeding, it is not a critical stage. Gerstein v. Pugh, — U. S. — (95 SC 854, 43 LE2d 54) states, "Because of its limited function and its nonadversary character, the probable cause determination is not a…