 All that it is necessary now to decide, as we do decide, is that in a capital case, where the defendant is unable to employ counsel, and is incapable adequately of making his own defense because of ignorance, feeble-mindedness, illiteracy, or the like...  United States Reports: Cases Adjudged in the Supreme Court at ... and Rules ... - Page 44by United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1933Full view - About this book
 | 1855 - 748 pages
...can see with their own eyes, has been literally fulfilled, — and that this prediction was uttered at such a time and under such circumstances as to preclude the possibility of its having been a so-called vaticinium post eventum, a shrewd conjecture based on known... | |
 | 1896 - 1182 pages
...conclusion in no muuiier conflicts with the holdings of this court that, in criminal prosecutions, it is the duty of the court, whether requested or not, to present the issues to the jury by proper instructions. Manifestly, a charge is erroneous which has... | |
 | Missouri. Supreme Court - 1913 - 862 pages
...the paragraph quoted above from his opinion. The propositions established by the decisions are: That it is the duty of the court, whether requested or not, to instruct on essential questions, so as to properly advise the jury of the issues in the case; that,... | |
 | 1925 - 1208 pages
...and the court did not then prepare and give such instruction. [6] We are well aware of the rule that it is the duty of the court, whether requested or not, to instruct the jury upon all questions of law arising in the case which are necessary for their information... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1943 - 854 pages
...Johnson v. Zerbst, 304 US 458, 462; Avery v. Alabama, 308 US 444, 447. Opinion of the Court. 316 US counsel for him as a necessary requisite of due process of law, ..." Likewise, in Avery v. Alabama, 308 US 444, the state law required the appointment of counsel.... | |
 | United States. Congress. House. Select Committee on Assassinations - 1979 - 1020 pages
...counsel, and is Incapable adequately of making his own defense because of ignorance, feeble mlndedness, Illiteracy or the like It is the duty of the court,...whether requested or not, to assign counsel for him as a neces52/ sary requisite of due process of law...." In Johnson v. Zerbst, the rule «as extended to... | |
 | United States. Congress. House. Select Committee on Assassinations - 1979 - 1514 pages
...counsel, and is incapable adequately of making his own defense because of ignorance, feeble mlndedness, illiteracy or the like it Is the duty of the court, whether requested or not, to assign counsel for bin as a noces52 / sary requisite of due process of law...," In Johnson v. Zerbat, the mle was extended... | |
 | United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice - 1986 - 196 pages
...ignorance, fseble-gdndednass, illiteracy, or the like, it is the duty of the court, itother zsnuested or not, to assign counsel for him as a necessary requisite of due nrooess of law..."1 Therefore, although the ruling in Bowell articulated a defendant's rioht to counsel,... | |
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