389 P.2d 853 | Colo. | 1964
delivered the opinion of the Court.
Plaintiff in error was convicted of murder and this Court affirmed the conviction and issued a remittitur to the trial court, Corbett v. People, 153 Colo. 457, 387 P.
From the record presented before us, it appears that no request for payment of counsel fees for prosecuting the writ of error herein and the out-of-pocket monies expended thereon by counsel has ever been made in the trial court.
We have said that the trial court is the proper forum in which to request counsel to represent an indigent defendant for the purpose of suing out a writ of error, In Re Griffin’s Petition, 152 Colo. 347, 382 P. (2d) 202, In Re Pigg’s Petition, 152 Colo. 500, 384 P. (2d) 267, and the same principle is applicable to a request for attorneys’ fees and out-of-pocket expenditures on prosecuting the writ of error.
The petition is accordingly denied.