People v. Fred Smith

Defendant was found guilty of the crime of gross indecency with a female person by a jury in the recorder’s court for the city of Detroit. CDS § 750.338b (Stat Ann 1954 Eev § 28.570(2)).

On appeal, the only issue is whether defendant’s constitutional right to represent himself was denied. US Const, Am 6; Const 1963, art 1, § 13.

The trial court assigned attorney Jesse PEolliday to represent defendant. Mr. Holliday had been defendant’s assigned counsel in another case involving a three-day trial. The defense in both that case and the present one was alibi and involved the same alibi witnesses.…