In Re Miller

On February 11, 1970, the Grand Jury of Stanislaus County returned an indictment in the superior court of that county charging Leonard Ellsworth Miller, hereafter referred to as defendant, with murder in violation of Penal Code section 187, assault to commit murder in violation of Penal Code section 217, grand theft of a firearm in violation of Penal Code sections 484-487, subdivision 3, and auto theft in violation of Vehicle Code section 10851. Defendant was an indigent and the Public Defender of Stanislaus County was appointed to represent him.

On February 27, 1970, defendant entered pleas of not guilty and not guilty by reason of insanity to all counts; thereafter, the court appointed two alienists to examine defendant in order to investigate his sanity as of the time of the commission of the alleged offenses.

On March 12, 1970, the public defender moved for a change of venue, asserting that appellant could not receive a fair and impartial trial in Stanislaus County. Counsel, however, did not supply the court with newspaper articles or transcripts of radio broadcasts or television telecasts; nor did he supply the court with opinion polls or request funds to conduct…