People v. Simpson

WOOD, J.

Defendant was convicted of the crimes of robbery and assault with a deadly weapon. Upon his arraignment he was without counsel and the public defender was appointed by the court to act for him and pleas of not guilty were entered. The trial was set for December 8, 1938. The record discloses that on December 6, 1938, defendant was before the court with Deputy Public Defender Neeley and the following took place: “Mr. Neeley: In this case, if the Court please, because of a difference between counsel and the defendant as to how the matter should be tried, I feel that this is a proper case for us to move that the public defender be relieved, and the defendant desires to have that done. The Court: When .is it set for trial ? Mr. Neeley: It is set for trial on the 8th. I am satisfied there is ample time to interview the witnesses, and the defendant informs me this morning that he has at last been able to obtain private counsel. The Court: Simpson, who have you obtained as counsel? The Defendant: Anna Zacsek. I would like to have the ease postponed. The Court: Where is Miss Zacsek? The Defendant : I was informed through a friend of mine yesterday that they were going to retain Miss Zacsek. Mr. Neeley: I will state to the Court that I had no chance to notify her to be here. I knew if I waited until I could reach her that it would be that much closer to the trial date, and I thought if it was put on the calendar for today with the understanding that on the 8th it would be continued, it would be all right. The Court: You want no longer the public defender to represent you? The Defendant: That is correct. The Court: Do you want the Court to relieve the public defender

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from defending you this morning? The Defendant: Yes. The Court: All right. The public defender is relieved. Now, the case is set for trial on the 8th of December. I will pass on the continuance on December 8th. You had better get private counsel in here as soon as you can. Mr. Neeley: May the record show that the transcript and information are delivered to the defendant? The Court: Yes. Communicate with your attorney immediately. Mr. Neeley: I will call her for the defendant, your Honor.”

Defendant again appeared in court on December 8th with his counsel, Anna Zacsek, whereupon the following took place: ‘‘ The Court:

People