State v. Blakeslee by Supreme Court of Montana

State v. Blakeslee

By Supreme Court of Montana

  • Publication Date: 1957-01-05
  • Genre: Law

Book Summary

CRIMINAL LAW ? RAPE ? ATTORNEY AND CLIENT ? PLEAS ? EVIDENCE ? APPEAL AND ERROR. 1. Criminal Law ? Appointment of new attorney for defendant ? Time to prepare defense. Where defendants attorney withdrew, and trial court approved the withdrawal and appointed an attorney to defend the defendant, it was incumbent on the trial court to give the appointment effect by giving the newly appointed attorney sufficient time to prepare a proper and adequate defense. 2. Indictment and Information ? Effect ? Failure to move for withdrawal of plea. Where no motion was made for withdrawal of defendants plea of not guilty, demand of defendant for bill of particulars and demurrer - Page 48 to the information were not properly before the trial court and were rightly denied. 3. Criminal Law ? Denial of motion for postponement reversible error. Where trial court on March 21 recognized withdrawal of first attorney retained by defendant to defend him in statutory rape prosecution, and appointed second attorney to represent defendant, and directed that case should proceed for trial on March 24, and second attorney was not familiar with the case, and on March 22 second attorney had a previous engagement, so that he had but one day left to get case ready for statutory rape trial, it was reversible error to deny motion for further postponement to March 28, since defendant was denied right to effective representation by counsel. 4. Criminal Law ? Clothing properly admitted. In statutory rape prosecution, court properly admitted in evidence bloodstained undergarments, which were identified by complaining witness as hers.

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