Edward Albert King v. State Idaho

This was a habeas corpus proceeding in which the evidence tended to show the following facts. On July 16, 1964, the petitioner,
Edward Albert King, was arrested in connection with an attempted burglary in which a law officer was killed. On July 17, 1964,
a criminal complaint charging petitioner and five others with first degree murder was signed. Records of the Justice court
and the testimony of R. Don Bistline, Justice of the peace, shows that petitioner was arraigned on July 17, 1964. However,
petitioner testified at his habeas corpus hearing that he was not arraigned until July 20, 1964. At arraignment petitioner was advised of the charge against him and of his right to a preliminary hearing and to the assistance
of counsel provided by the State. Petitioner requested a continuance to procure his own counsel. On July 20, 1964, and again
on July 22, 1964, petitioner requested more time to procure his own counsel, but petitioner failed to do so. Though there
is some confusion in the record, it appears from petitioner's testimony at his habeas corpus hearing that the Justice of the
peace did not refuse to offer assistance of counsel to petitioner unless he waived his right to a preliminary hearing. Rather,
the Justice apparently stated that counsel could be appointed through the district court for purposes of a preliminary hearing
in Justice court.