CRIMINAL LAW — Right Of Defendant To Obtain Counsel. Rule 723 b of the Maryland Rules of Procedure (1958 Ed.) provides in part: "If the defendant appears in court without counsel, the court shall advise him of his right to obtain counsel." Rule 723 c provides: "The record shall affirmatively show compliance with this Rule." In the instant larceny cases, the record failed affirmatively to show a compliance with these rules and the judgments of conviction and sentences were reversed and the cases were remanded for a new trial. pp. 118-119
Decided December 11, 1959.
PER CURIAM.
In this appeal are involved two charges of larceny presented in two indictments, one charging the accused with grand larceny, the other with theft, or petit larceny. The defendant appeared in court without counsel, and was tried on the same day that Hill v. State, infra, was decided by this Court. The record fails affirmatively to show a compliance with Rule 723 b and c; consequently, under the authority of Hill v. State, 218 Md. 120, Bryant v. State, 218 Md. 151, and Williams v. State, 220 Md. 180, the judgments and sentences must be reversed. With this ruling in his favor, we deem it unnecessary to consider the other points raised in the appellant's brief.
Judgments reversed, and cases remanded for a new trial, the Mayor and City Council of Baltimore to pay the costs.