People v. Smith

In December 1965, Frank Smith pleaded guilty to a charge of armed robbery. Despite prior convictions for assault with intent to rob, petty larceny (reduced from armed robbery), criminal trespass and aggravated assault, the judge placed him on probation. A month later he was arrested and again charged with robbery.

He was indicted for the robbery, and a rule to show cause why his probation should not be revoked was entered and served upon him. The rule and the indictment were assigned to the judge who had placed him on probation.

Smith requested a trial on the indictment before there was a…