An issue of fact arose and this court on a previous appeal ordered a trial of that issue rather than a summary disposition on papers. When the hearing was held defendant asked the court to assign counsel and this the court declined to do. The court after shearing the proof dismissed the writ. The "time of arraignment" is the point at which the court "must assign counsel" under the statutory mandate (Code Crim. Pro., § 308), but there can be little doubt that this point...
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