186 N.E. 534 | Ill. | 1933
George Street, the plaintiff in error, was indicted for murder at the January, 1924, term of the circuit court of Madison county. The indictment consisted of four counts, each with various minor differences, charging Street with the killing of Judie Evanoff on February 26, 1924. It appears that on March 25, 1924, Street was arraigned, was furnished with a copy of the indictment and a list of the names of witnesses and entered a plea of not guilty; that on April 14, 1924, the court appointed M.D. Powell, Robert F. Tunnell and I.H. Streeper as counsel for the defendant; that on April 15, 1924, the State and the defendant were both ready for trial; that the defendant was furnished with a list of jurors; that the petit jury was selected and sworn and the cause proceeded to trial; that the jury heard all of the evidence, arguments of counsel and instructions of the court and then retired in the custody of two sworn officers to consider their verdict; that they returned into open court and by their verdict found Street *62 guilty of murder in manner and form as charged in the indictment, finding his age to be twenty years and fixing his punishment at life imprisonment. On April 25, 1924, the court entered judgment upon the verdict of the jury by sentencing the defendant to the Southern Illinois Penitentiary at Chester for the term of his natural life. No bill of exceptions was preserved, and the case comes here for review by writ of error upon the common law record alone.
No error is assigned as to the sufficiency of the record to sustain the judgment, and the only complaint now made by plaintiff in error is that the trial court erred in appointing incompetent counsel for the accused on the day before the trial of the case, thus denying him the means or opportunity of securing a fair trial under the constitution and laws of this State.
By statutory enactment in this State every person charged with a crime shall be allowed counsel, and when he shall state upon oath that he is unable to secure counsel the court shall assign him competent counsel who shall conduct his defense. (Cahill's Stat. 1931, chap. 38, par. 754.) Whether guilty or innocent the defendant is entitled to a fair trial, which not only includes a reasonable opportunity for him to acquaint his attorney with the nature of his defense but also an opportunity for his attorney to prepare for trial. (People v. Shiffman,
The question of competency of counsel must in large measure be decided in each case on its own special facts, (People v. Laures,
For these reasons the judgment of the circuit court of Madison county is affirmed.
Judgment affirmed.