Slaughter v. United States, 1219.

• Decision Date: 23 June 1952
• Docket Number: No. 1219.,1219.
• Parties: SLAUGHTER v. UNITED STATES.
• Court: D.C. Court of Appeals

Page 646

89 A.2d 646

SLAUGHTER v. UNITED STATES.

No. 1219.

Municipal Court of Appeals for the District of Columbia.

Argued June 3, 1952.

Decided June 23, 1952.

Ralph R. Sachs, Washington, D. C., appointed by this court, for appellant.

William B. Bryant, Asst. U. S. Atty., Washington, D. C., with whom Charles M. Irelan, U. S. Atty., and Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., on the brief, for appellee.

Before CAYTON, Chief Judge, and HOOD and QUINN, Associate Judges.

HOOD, Associate Judge.

Appellant was found guilty of an assault and sentenced to serve 360 days. This appeal raises the sole question whether appellant was denied the right to effective assistance of counsel at trial.

Appellant was arrested on December 12, 1951. On the following day when the information was filed against him the court appointed counsel to defend. After a plea of not guilty appellant was committed to Gallinger Hospital for a mental examination. The hospital reported appellant to be of sound mind and he was returned to court on December 25, at which time his previously appointed counsel was permitted to withdraw from the case and other counsel appointed to defend. The case was continued to January 9 to permit locating a "critical witness" for appellant. On January 9 the case was again continued to January 29 to permit continuing the search for appellant's witness. Two other continuances were had and the case was eventually set for trial on February 12. On February 11, the day before trial, appointed counsel filed a praecipe withdrawing his appearance, leaving appellant without counsel. On February 12 the court appointed a third attorney to represent appellant and this attorney "during a recess" consulted with appellant through the wired door of the cell block. When the case was called for trial both sides announced ready. Jury having been waived, trial was before the court.

Except for the arresting officer who did not see the occurrence, there were only two witnesses at the trial, the complaining witness and appellant. Their testimony was in agreement on certain facts, namely, that they were previously acquainted, that on the night of the occurance they met in a tavern and after leaving the tavern went to appellant's room, that in the room was a woman, described by appellant as "a girl friend," and a quarrel ensued between the two men concerning the woman, and that appellant swung twice with a razor at complaining witness, "nicking" complaining witness' ear with one swing and cutting his rear trouser pocket with the other. According to complaining witness the attack on him was without provocation. According to appellant he used the razor only after complaining witness hit him hard in the stomach.

Upon being adjudged guilty appellant stated his intention to appeal and thereafter petitioned this court to appoint counsel for him. We appointed present counsel who has prosecuted the appeal vigorously and ably.

As before stated, this appeal is based on the sole ground that appellant was denied the right to effective assistance of counsel. Several points are made under this contention. One point is that the record does not show that appellant was given the opportunity to select his own counsel. The answer to this is that the record does not show that appellant at any time indicated either the desire or ability to employ his own counsel.

Another point made is that counsel who defended at trial was given an inadequate length of time in which to familiarize himself with the case in order to properly conduct the defense. The record does not show how much time was given; it only shows that counsel conferred with appellant "during a recess." Whether this was a matter of a few minutes, half an hour or more is not shown. Apparently counsel thought the time sufficient since he did not ask for additional time or for...