State v. Atkins
| Decision Date | 10 July 1965 |
| Docket Number | No. 44022,44022 |
| Parties | STATE of Kansas, Appellee, v. Claude George ATKINS, Appellant. |
| Court | Kansas Supreme Court |
Syllabus by the Court
An indigent defendant has no constitutional right to have counsel appointed to represent him at his preliminary examination.
Howard C. Wilson, Sharon Springs, argued the cause and was on the brief for appellant.
Jesse I. Linder, County Atty., argued the cause, and Robert C. Londerholm, Atty. Gen., was with him on the brief for appellee.
Defendant, upon his own plea of guilty, was convicted of the offenses of burglary in the second degree and grand larceny. He was sentenced to confinement in the penitentiary.
He has appealed, and the only question presented concerns the fact he was not represented by counsel at his preliminary examination.
The record shows the following:
On November 14, 1963 in the county court of Wallace county a complaint was filed charging defendant in two counts--burglary in the second degree and grand larceny. On November 14 he was brought before the court. The state requested that his preliminary examination be continued. He agreed to it. On December 2 defendant was again brought before the court and was advised of his rights to employ counsel and to a sufficient opportunity in which to prepare his defense. He advised the court he was without money to employ counsel and stated that he waived his rights to a preliminary examination and agreed that he be bound over for trial on the charges against him. Notwithstanding his waiver of a preliminary examination the state, with the consent of the court, introduced the oral testimony of the sheriff which, we are told--and it is not disputed, consisted only of testimony concerning his investigation of the burglary and larceny and did not include any reference to any statements made by defendant during the course of the investigation. Defendant declined to cross-examine the witness. At the conclusion of the hearing defendant was bound over to the district court for trial.
On December 16, defendant was brought before the district court. Being an indigent person and without counsel, the court appointed James E. Taylor, an experienced and capable member of the local bar, to represent him. Mr. Taylor and defendant were given the time and opportunity to confer privately--which they did. Later, on the same day, counsel and defendant informed the court they were ready for further proceedings--whereupon they waived formal arraignment and defendant entered a plea of guilty to each of the charges. No reason being given why sentence should not be pronounced, defendant was sentenced to confinement in the penitentiary, the sentences to run concurrently.
On June 9, 1964, defendant mailed a 'Notice of Appeal' to...
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