Opinion
No. 19075.
Delivered June 2, 1937.
1. — Trial Court — Counsel for Accused.
In felony cases where the charge is not capital, no duty rests upon trial court to appoint counsel to defend.
2. — Certiorari (Writ of) — Counsel for Accused.
Application for certiorari, filed after conviction for assault to rob, based upon defendant being denied the right for time in which to notify counsel, who resided in another county, and refusal of court to appoint counsel to represent him, was denied, where no copies of any documents relied upon to verify or support the matters referred to were attached to the application, and in view of the fact that felony charge was not capital and no duty rested on trial court to appoint counsel to defend.
3. — Assault to Rob — Evidence.
Judgment of conviction for assault to rob was affirmed where the facts were sufficient, in absence of any bill of exceptions.
Appeal from the Criminal District Court of Harris County. Tried below before the Hon. Whit Boyd, Judge.
Appeal from conviction for assault to rob; penalty, confinement in penitentiary for five years.
Writ of certiorari denied, and judgment affirmed.
The opinion states the case.
Jim H. Letts and S. F. Hill, both of Houston, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction for assault to rob; punishment, five years in the penitentiary.
Our attention is attracted by what purports to be an application for certiorari filed in this record on the 24th of May, 1937, praying that we issue a writ of certiorari commanding the clerk of the Criminal District Court of Harris County, Texas, to forward to this court a perfect transcript of the record in this cause, in accordance with law. Examining this application, we note that it is said that the defendant was denied the right for time in which to notify counsel, who resided in another county, and that the court refused to appoint counsel to represent him. No copies of any documents relied upon to verify or support the matters referred to are attached to the application for certiorari. This court will not attempt a useless thing. In ordinary felony cases trial courts are not required by law to appoint counsel. The felony charge herein is not capital, hence no duty rested upon the trial court in the matter of appointment of counsel to defend. If appellant made any motion for time to notify counsel, such fact is not shown in the record, nor made known to us by any certified paper accompanying the application for certiorari.
The request for writ of certiorari is denied, and the facts being sufficient, in the absence of any bill of exceptions, the judgment will be affirmed.
Affirmed.