Dumas v. State
| Decision Date | 09 December 1932 |
| Docket Number | A-8474. |
| Citation | 16 P.2d 886,54 Okla.Crim. 207 |
| Parties | DUMAS v. STATE. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court.
1. Under the constitutional guaranty that a person accused of crime shall have a right to the assistance of counsel counsel appointed to defend accused must be given a reasonable time within which to investigate the facts examine the law applicable to the case, and prepare for trial.
2. An appointment of counsel which merely authorizes such counsel to represent the defendant for the purpose of examining the record and pleading is of such a limited nature that it amounts to no appointment.
Appeal from District Court, Coal County; P. L. Gassaway, Judge.
Charley Dumas was, upon his plea of guilty to the offense of rape sentenced to death by electrocution, and he appeals.
Reversed and cause remanded, with directions.
Redwine & Hill, of McAlester, for plaintiff in error.
The Attorney General, for the State.
Plaintiff in error, hereinafter called defendant, was, upon his plea of guilty in the district court of Coal county, sentenced to death by electrocution in the state penitentiary of McAlester.
It appears from the record that on the 10th day of September, 1932, in Coal county, the offense of rape by force was committed upon the person of one Edna Boardman; that defendant was a negro convict serving time in the penitentiary at McAlester, assigned to one of the road camps near Coalgate; that on the evening of the 10th of September defendant obtained a walking pass from the superintendent in charge, and violated same by going to the town of Coalgate; that immediately after the offense was committed defendant and some ten or more negroes in the road camp were arrested and taken to McAlester for safe-keeping; that some time during the night the officers obtained from defendant a signed statement admitting his guilt; that a complaint was filed in the county court of Coal county on the 13th day of September, 1932, and a warrant issued thereon; that defendant was arrested upon such warrant and taken from the penitentiary to Coal county in the custody of the warden, assistant warden, and a number of armed guards; that there were present in the courtroom W. B. Thornsbrough, county judge, P. L. Gassaway, district judge, Wylie Snow, county attorney, R. Kay Matthews, court clerk, and Judge E. Moore; that defendant was arraigned immediately before Judge Thornsbrough sitting as examining magistrate, and, without counsel and under these surroundings, waived preliminary hearing; that the magistrate immediately filed a transcript of the proceedings with the court clerk; that the county attorney then filed an information, and thereupon defendant was arraigned in the district court; that, upon being asked by the court if he had an attorney, he said, "No," and that he did not desire an attorney; that thereupon the court made the following order: "Let the record show that the district judge appointed Judge Moore to represent the defendant for the purpose of examining the record and purpose of pleading;" that immediately thereafter the following proceedings were had:
"Mr. Snow (County Attorney): At this time, I want to serve the defendant with a copy of the information and a list of the witnesses in open court;" and immediately thereafter the following appears: "At this time, Judge E. Moore and the defendant have a private conference at the table in the bar of the court, after which the following proceedings were had; * * *" that following this brief conference, defendant entered his plea of guilty and was by the court sentenced to death by electrocution.
Defendant through affidavit filed by his counsel claims that he was taken into the sheriff's office on the ground floor, in the rear of the courthouse, and up a private stairway or passageway leading from the sheriff's office to the district courtroom; that C. L. Cardwell, a newspaper man, two attorneys, and some other persons were present in the courtroom at the time defendant was arraigned; that, upon the order of Judge Gassaway, the doors of the courtroom were locked and none of the persons present permitted to leave nor persons on the outside to come in; that the magistrate had his transcript already prepared ready for his signature before defendant was arraigned, and, after signing it, immediately filed it with the clerk of the district court; that less than forty minutes elapsed between the time when defendant was brought before the examining magistrate and arraignment had, plea taken, judgment and sentence pronounced, and defendant started on his return to the penitentiary.
Section 20, article 2, of the Constitution, provides: ...
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Dumas v. State
...entered a plea of guilty, and was sentenced to death. From this judgment appeal was taken to this court and the judgment was reversed. 16 P.2d 886. Defendant then entered a plea of not guilty trial had, which resulted in the judgment from which this appeal is taken. The evidence discloses t......
- Seals v. State