People v. Smith

By indictment, Melvin Johnson was accused in Counts I and III, and Milton Smith in Count II, of selling and furnishing heroin. “John Doe Casey” was jointly accused in Counts I and II. Smith was charged with two prior felonies and Johnson with one, namely, violation of federal narcotic law. Both defendants were represented by counsel; however, at the conclusion of the prosecution’s case, Smith asked that the public defender be relieved as his counsel. He represented himself until the probation and sentence hearing, when the public defender was reinstated as his counsel.

A jury trial was duly waived as to offenses charged and the prior convictions, and by stipulation the cause was submitted on the evidence introduced before the Grand Jury, with the right to offer additional evidence.

Smith and Johnson were tried separately. Smith moved to set aside his waiver of a jury trial. No reason for the request was stated, except that he had changed his mind. The motion was denied. Additional evidence was introduced by the prosecution and the defendants.

The court found each defendant guilty as charged and the allegations as to prior convictions were found to be true. Motions for a new…