Opinion
[No. 38, September Term, 1958.]
Decided November 13, 1958.
CRIMINAL LAW — Counsel — Maryland Rule 723 — Advising Defendant Appearing in Court Without Counsel of His Right to Obtain — Record to Show Affirmatively Compliance with Rule. In the instant criminal case the judgment of conviction entered on a guilty plea was reversed because the defendant, who appeared in court without counsel, was not advised of his right to obtain counsel in accordance with Maryland Rule 723 b, and because the record not only failed to show affirmatively compliance with Rule 723, but, on the contrary, showed a failure to comply therewith. pp. 151-152
J.E.B.
Decided November 13, 1958.
Appeal from the Criminal Court of Baltimore (WARNKEN, J.).
William Bryant pleaded guilty to the unauthorized use of an automobile, and from the judgment and sentence entered thereon, he appeals.
Reversed and remanded for a new trial.
The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.
C. Oliver Goldsmith for the appellant.
Theodore C. Waters, Jr., Assistant Attorney General, with whom were C. Ferdinand Sybert, Attorney General, J. Harold Grady, State's Attorney for Baltimore City, and John C. Weiss, Assistant State's Attorney, on the brief, for the appellee.
In this case, the defendant appeared in court without counsel, plead guilty to one count of an indictment and was sentenced to four years' confinement in the Maryland House of Correction.
He was not advised of his right to obtain counsel in accordance with Rule 723 b of the Maryland Rules; and the record not only fails to show affirmatively, compliance with Rule 723, but, on the contrary, shows a failure to comply therewith.
For the reasons set forth by Chief Judge Brune in the case of Hill v. State, 218 Md. 120, just decided, the judgment and sentence must be reversed and case remanded for a new trial.
Judgment and sentence reversed, and case remanded for a new trial.