Charles Evans Whittaker

“ The Florida assault law appears to be replete with distinctions and degrees. Mayhem, bare assault, assault and battery, aggravated assault and assault with intent to commit felony are all statutory offenses. [4] Assault with intent to commit felony-apparently the crime intended to be charged against petitioner-incorporates by reference all Florida felonies and the degrees thereof. [5] The Florida homicide statutes appear to create four separate offenses-manslaughter, [6] and murder in the first, second and third degrees. ”

“ To establish the requisite 'intent' to commit any of the grades or degrees of unlawful homicide 'it will not be sufficient to show that the killing, had it occurred, would have been unlawful and a felony, but it must be found that the accused committed the assault with intent to take life, for although an unintentional or involuntary killing may in some cases be unlawful and a felony, no man can intentionally do an unitentional act ”

“ Nearly 19 years ago the Court held in Betts v. Brady, 316 U.S. 455, 62 S.Ct. 1252, 86 L.Ed. 1595, that a state court in a criminal case need not appoint counsel to represent an indigent defendant, unless the failure to furnish counsel results in a conviction lacking in 'fundamental fairness.' Id., 316 U.S. 473, 62 S.Ct. 1261. That decision was by a divided Court; and six Justices now sit on the Court who had no hand in fashioning the rule. ”

“ Upon an information charging 'Assault to Murder in the First Degree,' petitioner was put to trial, without counsel, before a jury in Florida court, was convicted of 'Assault to Murder in the Second Degree' and sentenced to imprisonment for a term of 20 years which he is now serving. ”

“ Although the record does not disclose the extent of petitioner's education, there is abundant evidence that it was slight. [2] Moreover, the record shows that he suffered head injuries in the Army in 1952, and ever since has been subject to 'blackout spells' when excited. For a period of months following April 8, 1956, he underwent treatment for his mental condition in the Veterans Hospital at Bay Pines, Florida, and during four months of that period he was detained in the psychopathic ward. ”

“ Hawaii: Rev.Laws of Hawaii (1955) § 253-5, as amended by Laws 1957, Act 239 (in force after statehood, see Const. Art. XVI, § 2) .
Maine: MeRev.Stat. c. 148, § 11 (capital cases and where sentence of life imprisonment may be imposed, otherwise permissive) . ”