Constitutional Law- Equal Protection – Right to Counsel in Appeal by Indigent Person
Following his conviction for assault with intent to commit rape, defendant gave notice of appeal. Declaring he was indigent but with meritorious grounds for prosecuting an appeal, he petitioned the appellate court for the appointment of counsel to present his case by brief and oral argument. No information concerning the defendant’s age, education or experience was given by the petition, nor were specific grounds for review alleged. Appeal is a matter of right in criminal cases in the jurisdiction. Held, petition denied, two judges dissenting. No action will be taken until a transcript of the record is filed. The court will then appoint counsel if an examination of the record and of any other information concerning the appeal received discloses issues requiring the aid of counsel for their adequate presentation. State v. Delaney, (Ore. 1958) 332 P. (2d) 71.