People v. Napthaly

Citations

• 105 Cal. 641
• 39 P. 29
• 1895 Cal. LEXIS 694

Syllabus

<p>Criminal Law—Preliminary Examination—Right of Accused Lawyer to have Counsel.—Under the constitution a lawyer who is accused of crime is equally entitled in every stage in his trial to the presence and aid of counsel, and, where he is refused the continuance of a preliminary examination for the purpose of enabling him to employ counsel, the preliminary examination is illegal, and an information based thereon should be set aside.</p> <p>Id.—Information by Magistrate—Waiver.—Where the defendant was a lawyer, and asked for a continuance of his preliminary examination to procure counsel, the fact that he asked for the continuance is evidence of his knowledge of his right thereto, and waived the necessity of his being informed thereof by the magistrate.</p>