Gayes v. New York

Mr. Justice Rutledge,

with whom Mr. Justice Black, Mr. Justice Douglas, and Mr. Justice Murphy concur,

dissenting.

A sixteen-year-old boy, indigent and alone, without relatives, friends, money or counsel to aid him and, according to the undenied allegations of the petition, with-

*150out knowledge of his constitutional rights,1 pleaded guilty in 1938, under an indictment specifying two highly technical and distinct charges,2 to the crime of burglary in the third degree.3 The property he was charged with intending to steal4 consisted of cigarettes of the value of seventy-five cents, two flashlights…