Summary

Kitchens v. Smith — Opinion of the Court

On appeal, the Georgia Supreme Court affirmed the denial of habeas corpus on different grounds, saying that petitioner did not testify at the habeas corpus hearing that he 'wanted a lawyer, asked for one, or made any effort to get one' or that 'because of his poverty, or for any other reason, he was unable to hire a lawyer.' 226 Ga. 667, 177 S.E.2d 87-88 (1970) .
As this Court has said, however, ' (I) t is settled that where the assistance of counsel is a constitutional requisite, the right to be furnished counsel does not depend on a request.' Carnley v.
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