In Re Becker

The defendant and one Billy Schnoor were charged with assault and battery and were arrested on July 3, 1967. On July 21, 1967, after a motion for a continuance was denied, the trials of both parties were consolidated. Upon pleas of not guilty, trial was had to the county Judge who found both parties guilty and sentenced each to 60 days in jail. Their appeals were subsequently dismissed because of defective appeal bonds. No issue is presented on this appeal in that respect. This is an appeal from a denial of relief sought on a petition in error from the county court to the district court based upon the grounds that, first, the defendant was effectively denied the assistance of counsel because the court failed to grant a continuance so that he could procure counsel, and second, that the defendant was not advised of his right to trial by jury.