[DOWNLOAD] "Coleman v. District Columbia" by District of Columbia Court of Appeals. * eBook PDF Kindle ePub Free
eBook details
- Title: Coleman v. District Columbia
- Author : District of Columbia Court of Appeals.
- Release Date : January 30, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
HOOD, Associate Judge. On May 31, 1951, an information was filed in the Juvenile Court charging appellant with being the father
of a child born on April 16 to an unmarried woman. 1 Appellant appeared in court on June 12. He was without counsel and
the trial court informed him he was entitled to counsel if he so desired. He replied that he did not desire counsel. He was
then asked if he was the father of the child and he replied: 'Probably yes; probably no.' On being told that he must answer
yes or no, he stated he wanted to do the right thing, wanted to be a man about it, and would say that the child was his. The
trial Judge then told him that if he had any doubt whatsoever as to whether he was the father of the child, he was entitled
to a trial before the court or, at his election, before a jury, and the Judge advised him of the purpose and effect of trial
by jury and trial by court. Appellant again stated he did not desire counsel and then signed a written waiver of his right
to counsel and to trial by jury. He then pleaded guilty to the charge. Thereupon the court entered an order requiring appellant
to pay a weekly sum for support of the child until it reached five years of age and thereafter to pay a further and larger
weekly sum until the child reached the age of 16. After entry of the order appellant asked if the child after becoming two
or three years old did not resemble appellant, whether he could return to court and deny paternity. He was told that he could
not do so, that his admission of guilt would be final and binding, and again he was told that he was entitled to counsel to
aid him in determining whether to plead guilty or not guilty and whether to ask trial by court or by jury. Again appellant
stated he did not wish either counsel or trial. Later in the same day counsel entered an appearance for appellant and two days later appellant through such counsel moved
for leave to withdraw both the plea of guilty and the waiver of trial by jury. 2 At hearing on the motion appellant testified
that he was 44 years of age, had only a third-grade education and could read and write a little; that he had never been in
court prior to these proceedings; that prior to the day of his appearance in court he had talked with a lawyer and had intended
to see the lawyer on the morning the case was called and ask his representation in the case; that he worked all the night
before the day the case was called, left work at about 8:00 o'clock in the morning and went to a hospital where his wife had
had her tonsils removed and took her home; that when he got home he told his wife for the first time of the charge against
him and she became very much upset and threatened to leave him; that when he had quieted her he realized he would be late
for court and he rushed there without stopping by the lawyer's office; that when he reached the court his name was being called
out by the bailiff and he went immediately into the courtroom.