The law as it stood in 1963 do not know if it applies to all states. I understand Murder of a policeman is a felony offence?.
§ 14.02 Trial Proceedings
[A] Appointment of Counsel to Indigents
<![CDATA[As a guest, you are not allowed to view links.
<a href="http://www.jfkassassinationforum.com/index.php?action=register">Register</a> or <a href="http://www.jfkassassinationforum.com/index.php?action=login">Login</a>]]> While this requirement does not extend to misdemeanor cases under the Sixth Amendment, “no person may be imprisoned for any offense, whether classified as petty, misdemeanor, or felony, unless he was represented by counsel at his trial,” absent a knowing and intelligent waiver of the right to counsel. Argersinger v. Hamlin, 407 U.S. 25 (1972). Thus, a defendant charged with a misdemeanor which carries an optional jail sentence is not guaranteed assistance of counsel at state expense; however, if counsel is not provided, the judge is precluded from sentencing any term of imprisonment upon a finding of guilt. Nor may the court impose a suspended prison sentence under such circumstances. Alabama v. Shelton, 535 U.S. 654 (2002).
Denial of the Sixth Amendment right to counsel at trial results in automatic reversal of any conviction. Gideon v. Wainwright [372 U.S. 335].
Ian
Any murder is a felony in the U.S. (I'm sure you have the same standards in England -- but may call it something else), then and now, but the killing of a police officer is considered much more seriously than the average person. Of course they don't admit this but the thinking is IF they will kill a cop they will kill anyone. Especially here in the States as ALL cops carry revolvers here.
This is why the claim of LHO shooting JDT served two purposes for the conspirators -- firstly it made him look like a rabid killer, and secondly, it would have gotten him the death penalty even without the JFK killing being pinned on him.
We claim Oswald shot Tippit because numerous witnsses saw him do it.
Many nuts despite all this try to claim he didn't because it keeps their silly fantasy alive. They ignore all of these witnesses and then with straight faces complian that the WC didn't listen to all witnsses.
If you actually manage to dress yourself when you get up first thing of a morning I'd be most surprised.
Who has ever "ignored all of these witnesses?"
First Lineup - Helen Markham:
Helen Markham saw Oswald on TV prior to the ID parade. Markham WC testimony: "I asked... I looked at him. When I saw this man
I wasn't sure but I had cold chills run all over me ... when I saw the man.
But I wasn't sure." Her ID is invalid.
Second Lineup - Ted Callaway, Sam Guinyard and Cecil McWatters:
Three witnesses at the same parade - unfair. One of them being asked to ID someone related to a different crime from the other two - unfair. McWatters thought he was ID'ing Roy Milton Jones - invalid. Callaway didn't even know which way the gunman had fled. Didn't even know the color of the people in the parade. All ID's unsafe.
Third Lineup - The Davis Sisters.
Attended lineup together - unfair. Saw Oswald on TV. Both said they ID'd him first. ID invalid.
Fouth Lineup - William Whaley and William Scoggins
Whaley WC testimony "But you could have picked him out without identifying him by just listening to him because he was bawling out the policemen, telling them it wasn't right to put him in line with these teenagers and all of that ... he showed no respect for the policemen, he told them what he thought of them. They knew what they were doing and they were trying to railroad him and he wanted his lawyer ... I said anyone who wasn't sure could have picked out the right one just for that." ID invalid.
Domingo Benavides didn't attend a parade. ID'd him after his brother was shot dead. ID invalid.
Brian, shove your parades and your ID's where the sun don't shine. Let's not even get into the people who were stood next to Oswald (dress and looks wise) because your claims of valid ID's become even more laughable. The whole shameful affair was unfair and invalid.
All desperate defense lawyer nonesense. Nothing in there about searching for the truth. The witnsesses didn't say it wasn't Oswald. Thats what you should be looking at. But in your world to keep the fantasy alive you have to try and nit pick the witnesses just like a defense lawyer.
