Johnston v. Lewis & Clarke County
Montana Supreme Court
Appeal from, TKi/rd Bisi/riet, Lewis a/nd Ola/rke Cownizy. The judgment was rendered by'"Wade, There is only one question in this case — the liability of respondent to pay an attorney for services in defending a prisoner by order of tbe court. Tbe law makes it tbe duty of tbe court to assign a prisoner counsel when be is unable to employ an attorney. Cod. Sts. 220, § 196; 6th Amend. TT. -S. Const. An attorney must perform this duty.
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Appeal from, TKi/rd Bisi/riet, Lewis a/nd Ola/rke Cownizy. The judgment was rendered by'"Wade, There is only one question in this case — the liability of respondent to pay an attorney for services in defending a prisoner by order of tbe court. Tbe law makes it tbe duty of tbe court to assign a prisoner counsel when be is unable to employ an attorney. Cod. Sts. 220, § 196; 6th Amend. TT. -S. Const. An attorney must perform this duty. If be refuses, tbe court can punish him for contempt by fine or imprisonment. Sail v. Washington Gov/nty, 2 Iowa, 473. A special tax is imposed upon appellant if…
1Opinion of the CourtSeevis, J.
Tbe agreed statement of facts in tbis case presents only one question for our determination, namely, tbe liability of a county to pay tbe reasonable fee of an attorney at law assigned by tbe court to defend an indigent prisoner charged with a felony.
It is conceded tbat tbe only statute upon tbis subject in tbis Territory is tbat of section 196 of tbe Criminal Practice Act (Cod. Sts. 220), wbicb provides: “ If any person about to be arraigned upon an indictment for felony be without counsel to conduct bis defense, and be be unable to employ any, it shall be tbe duty of tbe court to assign him…
2Cases cited2 opinions
- Rowe v. Yuba CountyCalifornia Supreme Court · 1860
- Lamont v. Solano Cty.California Supreme Court · 1874
3Cited by12 opinions
- Mallard v. United States Dist. Court for Southern Dist. of IowaSupreme Court of the United States · 1989
- United States v. Edward J. Dillon, Petition of Manley B. StrayerCourt of Appeals for the Ninth Circuit · 1965
- Melvin Leroy Tyler v. Warden Lark Norton Y. Beilenson v. Treasurer of the United StatesCourt of Appeals for the Eighth Circuit · 1973
- Ruckenbrod v. MullinsUtah Supreme Court · 1943
- Weiner v. Fulton CountyCourt of Appeals of Georgia · 1966
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