[817] Palko v. Connecticut, 302 U.S. 319, 324-325 (1937).
[818] 287 U.S. 45 (1932).
[819] Ibid. 71.
[820] 287 U.S. 45, 71 (1932).—The Court presently seems to be holding that in capital cases, notwithstanding the absence even of other circumstances prejudicial to the defendant, the right to counsel is unqualified. See the later cases discussed herein, especially Tomkins v. Missouri, 323 U.S. 485 (1945); Williams v. Kaiser, 323 U.S. 471 (1945); Hawk v. Olson, 326 U.S. 271 (1945); and the Court's summary of its rulings in Uveges v. Pennsylvania, 335 U.S. 437 (1948), supra, p. [1108].
[821] 308 U.S. 444 (1940).
[822] Ibid. 446-447.
[823] 312 U.S. 329 (1941).—In a post mortem comment on this case appearing in the later decision of Betts v. Brady, 316 U.S. 455, 464 (1942), there is contained the intimation that the mere failure to appoint counsel, alone, in the absence of the proof of other facts tending to show that the whole trial was "a mere sham and a pretense," would not have sufficed to support a finding of a denial of due process.
[824] 316 U.S. 455, 462-463 (1942).
[825] Ibid. 462, 473.
[826] In Powell v. Alabama, 287 U.S. 45 (1932); Avery v. Alabama, 308 U.S. 444 (1940); and Smith v. O'Grady, 312 U.S. 329 (1941), a State law required the appointment of counsel.