Douglas

After a jury trial, defendants Douglas and Meyes were convicted of ten counts of robbery, one count of assault with intent to commit murder, and two counts of assault with a 'deadly weapon. In addition, Meyes was adjudged to be an habitual criminal, having been found to have suffered convictions of burglary in 1948 and of two robberies in 1950 and 1951. Both defendants appealed from the judgments of conviction and from the denials of their motions for new trials. Such appeals were perfected prior to the 1961 amendments to section 1237 of the Penal Code.

On a previous appeal, the United States Supreme Court reversed the affirmance of the convictions because the defendants had not been represented by counsel at the appellate stage. (Douglas v. State of California, 372 U.S. 353 [ 83 S.Ct. 814 , 9 L.Ed.2d 811 ].) That decision was limited to the issue of right to counsel on appeal, the court holding that the Fourteenth Amendment requires appointment of counsel for indigent defendants at “the one and only appeal an indigent has as of right” (Douglas v. State of California, supra, at p. 357 [ 83 S.Ct. 814 , 9 L.Ed.2d at p. 814 ]). Defendants have now had the aid of counsel on appeal.…