428

The accused who, in accordance with §§ 426—429 of this title, is entitled to the appointment of a defender, shall file sworn evidence as to his state of insolvency and as to his inability to obtain financial means to procure the services of a lawyer and the court may admit and consider sworn evidence to the contrary presented by the prosecuting attorney or by any citizen. It shall likewise be incumbent on the Court of First Instance to determine when the accused has intelligently waived his right to be assisted in his defense by a lawyer; or who, being able to provide himself with a defender, does not do so. History —Apr. 29, 1940, No. 91, p. 612, § 3, eff. July 1, 1940.