State v. Ward

Defendant seeks leave to appeal his conviction entered on October 26, 1967. He submits an affidavit of indigence, applies for the appointment of counsel to conduct- the appeal and asks that he be furnished necessary transcript, etc.

He asserts that he never knowingly and intelligently waived his right to counsel for the purpose of appeal. That statement has been questioned by the prosecutor. The facts can be determined only by a hearing. The appropriate tribunal for such a hearing is the trial court, where the facts occurred.

Applicant cites the cases of Douglas v. California, 372 U. S. 353, 9…