152 S.W.2d 297 | Ky. Ct. App. | 1941
Affirming.
The appellant, Oscar Hamlin, was convicted of the crime of maliciously striking and wounding another with intent to kill and was sentenced in the August, 1940, term of the McCreary circuit court to confinement at hard labor in the state reformatory at Lagrange, Kentucky, for a period of 2 years.
Appellant seeks reversal upon the ground that the trial court denied him the right of representation by counsel guaranteed in section 11 of the constitution of Kentucky. The rule is well settled that, although the constitution guarantees to the accused in a criminal prosecution the right to be represented by an attorney, it is not the duty of the court to assign counsel to him unless he requests that such be done, and makes the necessary showing in support thereof. Holland v. Commonwealth,
It is now the established rule that as a prerequisite to our right to determine whether the denial of a motion was prejudicial, it is necessary that the lower court, or by-standers, certify to us in the bill of exceptions the fact that the motion was made and overruled and that the complaining party, at the time, excepted to the ruling of the court in respect thereto. Equitable Life Assurance Soc. of United States v. Fannin,
Since this procedure was not observed, and since no other error has been assigned, the judgment of the lower court must be, and it hereby is, affirmed.