41 Wash. 63 | Wash. | 1905
The appellant was informed against for the crime of robbery, and on arraignment pleaded guilty to the charge, and was sentenced to a term of ten years in the penitentiary. Before his sentence was carried into execution, he procured the services of counsel, and applied to the court for a vacation of the judgment and sentence pronounced
The motion was based on the further fact that the record failed to show that the accused was informed of his right to counsel at the time he was arraigned; the record, however, was subsequently amended so. as to show that, before he had entered his plea, he was informed by the court of his right to the assistance of counsel and that the court would assign him counsel if he so desired. There was no denial of the matters set out in the affidavit. The application was brought on for hearing before the court, and denied on April 22, 1905, whereupon this appeal was taken.
It is our judgment that the application should have been granted. It may be true that the conduct of the under-sheriffs, as shown by the affidavit, was not, of itself, sufficient toi warrant this court in reviewing the discretion of the trial court; but the record makes it plain that the court itself did not do its full duty to the accused, and these facts, taken together, lead us to the conclusion that a trial before a jury should be awarded him. The statute makes it the imperative duty of the court, when a defendant is brought before it for
The order appealed from is reversed, and the cause remanded, with instructions to vacate the judgment and sentence, and permit the defendant to plead further to the information.