Application of Wright

RENTTO, Presiding Judge.

The issue raised by this habeas corpus proceeding is whether an indigent is entitled to appointment of counsel at public expense when charged in a police magistrate’s court with the violation of a town ordinance proscribing public intoxication. We hold he is not; ....

While the jailer having the applicant in custody produced him at the hearing on the writ, he did not make a return to it nor did he appear either in person or by counsel. The testimony of the applicant was the only evidence submitted. He was represented by counsel from the Legal Services office at Rosebud,…