People v. Rosner

PLUMMER, J.

The defendant was convicted of the offense of issuing a check without sufficient funds in the bank upon which the check was drawn to meet the same with intent to defraud, etc., and prosecutes this appeal from the judgment of conviction entered in said cause. The questions presented for consideration do not really affect anything other than certain proceedings taken and had between the time of conviction and the pronouncing of sentence thereon. The record shows that when the defendant was arraigned upon the information charging the offense above referred to, the defendant appeared in court without counsel, and apparently without means to obtain counsel, and the court thereupon appointed one William Carragher, an attorney at law, to represent the defendant in all subsequent proceedings. Upon arraignment, the defendant pleaded not guilty and the cause was duly set for trial. Upon the day set for trial the defendant appeared in court with his counsel and at that time the defendant objected to being represented by the counsel theretofore appointed by the court, stating in open court that he discharged him and that he did not want “to go to court with Mr. Carragher.” The jury having been excused, the following proceedings and colloquy took place: “Mr. Carragher: If the Court please, there is in my mind a question as to the sanity of the defendant. Defendant: I object, your Honor; this man is crazy. The Court: You sit' down. Defendant:

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I am not trying to puli' anything; he is accusing me of insanity, and I say he knows it isn’t true, and he knows it isn’t so. The Court: Don’t try to put any of that stuff over here. Defendant: I am not trying to put any stuff over on you; you are trying to put something over on me. The Court: You think you are smart, trying to pull that stuff around here. You may have got out of other .penitentiaries in pulling that kind of stuff, but you can’t pull that kind of stuff around here. Defendant: I am not interested in that at all, your Honor. The Court: Proceed. Mr. Carragher: I am placed in a very embarrassing position. I talked with the defendant, he gave me an idea as to what his defense—he gave me a statement upon which I predicated his defense, and only yesterday, in talking with him, he just turns the reverse, and again this morning I talked with him and find him off both propositions. I have been given to understand that he has been examined—I don’t know whether it was by a commission or not, but at least doctors have examined him, and if there is some question as to his sanity, it seems to me that he had ought to be examined. If he is sane, he should not be forced to go on with me, because his ideas of a defense and my ideas of his defense don’t coincide, at all. I have been appointed to look out for his legal rights and propose to do so and will do so, to the best of my ability and—however, he should at least enjoy my confidence and I should enjoy his, and if your Honor is satisfied that he is sane and should go along, some other counsel ought to be brought in to represent him, someone whom he would respect and listen to and be counseled by. The Court: Well, J appreciate your position, Mr. Carragher, but your client will not follow your directions. I am perfectly satisfied that you will properly protect his rights and give him a good defense, but if he is one of those individuals that knows more than Ms lawyer, or thinks he does, I appreciate your embarrassing position, when he says that he doesn’t wish you to defend him. You want to go to trial without an attorney? Defendant: I think that would be very unfair, your Honor, but, if necessary, I will do it. The Court: It is not unfair, at all. The Court appointed—Judge Pullen appointed Mr. Carragher to represent you. Defendant: And he advised me against my best thoughts. The Court: Very well, then; if you