People v. Smyers

This is an appeal following a jury- trial'from a- judgment of- conviction of the felonies of. burglary -of the first degree, forcible rape and robbery of the first - degree (2 counts).

The sole issue is whether appellant, who desired private counsel, was denied his constitutional right to counsel and to due process of law by his being forced to trial and judgment without counsel because of his failure prior to trial to attempt in good faith to obtain such counsel. Since appellant continuously maintained prior to and at the start of the trial that he had ample funds to employ private counsel, 1…