State v. Russell

Rogosheske, Justice.

Defendant, a 39-year-old, unmarried war veteran, was convicted after trial of assault in the second degree. Execution of his sentence was stayed and he was placed on probation, which had continued for less than 2 months when probation was revoked and he was committed to prison.

In this appeal, taken with the assistance of counsel appointed by this court, defendant contends he was denied his constitutional right to a fair trial because (1) his conviction is not sustained by competent evidence; (2) the trial court failed to act on its own motion to protect against the receipt…