People v. Dolac

Kimball,, J.

(dissenting). Upon this appeal, we are not confronted with any questioned facts. On January 18, 1954, the appellant was before the Erie County Court for arraignment. The indictment was read. In answer to the court’s question, he stated that he had no counsel and no funds with which to employ counsel. The court then asked him if he desired the court to appoint counsel and he replied in the affirmative. Then the court informed him that he would appoint counsel. Without doing so, however, the court then inquired of appellant how he pleaded and the appellant replied “Not guilty”. There*355…