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eBook details

• Title: State v. Roth
• Author : Dallas Court of Civil Appeals of Texas
• Release Date : January 03, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

Based on a complaint filed in the Municipal Court at Mitchell, South Dakota, charging him with indecent molestation of an eleven-year-old girl, appellant Benjamin Roth was arrested and brought before that court for a preliminary hearing which he waived and was held to answer to the same in circuit court. An information therein was filed by the States Attorney and, it appearing he was an indigent person, an attorney was appointed to represent him. A plea of not guilty was entered and a trial by jury resulted in a verdict of guilty of the offense on which, in 1960, he was sentenced to a term in the State Penitentiary. In 1965 different counsel was appointed to procure dismissal of another charge against him and in 1967 he filed a petition for relief under the Uniform Post-Conviction Procedure Act, Ch. 121, 1966 Session Laws, again by different counsel appointed by the court. After a hearing the trial court entered Findings of Fact, Conclusions of Law and a Judgment denying any relief. His counsel here seeks reversal based on the claim Roth did not know what a preliminary hearing was at the time he waived it, nor was he advised by counsel at that time of his constitutional rights (not stated or further identified) until he was arraigned in circuit court. Mere assertions of denial of constitutional rights do not entitle a party to relief unless found to be true upon adequate proof submitted at the hearing. State v. Williams, Minn., 163 N.W.2d 868. Defendant admits and there was other testimony he was advised of his right to a preliminary hearing and that he waived it.

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