C.O. Baptista Films v. Cummins

Defendant, Donald Douglas Robinson, was indicted April 8, 1960, by the Montgomery County grand jury for burglary and larceny, under the name of Donald Douglas Robinson, alias Donald D. Robinson, alias Donald Robinson, alias Don Anderson. On April 13, 1960, defendant appeared in court without counsel, stating he had no attorney and was unable to hire one; the court appointed an attorney of the Mongomery County bar to defend him and the case was continued for arraignment. On April 20, 1960, defendant was arraigned, attended by his court-appointed counsel, and was furnished with a copy of the indictment, lists of witnesses and list of petit jurors, and was fully advised of the charges and possible penalties in the event of conviction. Defendant pleaded not guilty and the case was set for trial by jury on June 27, 1960. On June 22, 1960, the defendant through his court-appointed counsel moved the court for a continuance of the case for Page 291 trial, and without objection by the People, the motion was allowed. On October 14, 1960, the defendant appeared in open court in the presence of the States Attorney and the court-appointed counsel, and defendant requested that his court-appointed counsel be discharged. The court found that the attorney had worked diligently on the defense of the case; that the defendant had no justifiable cause to discharge said attorney but that the defendants request would be granted, and the court-appointed attorney discharged. The order allowed defendant to employ counsel of his own choosing but stated that no further appointment of defense counsel would be made by the court and the case was set for trial on October 19, 1960, "which setting was made June 22, 1960". On October 19, 1960, defendant appeared without counsel and the case was tried with the defendant conducting his own defense. The jury found the defendant guilty of burglary and larceny as charged in the indictment, found his age to be 30 years, and he was sentenced to not less than 5 years nor more than 15 years imprisonment.