Kernrechtsfrage
Whether a private defense counsel must have a written power of attorney at the hearing to act validly.
Extrahierter Entscheid
Section 8 of the Code of Criminal Procedure is an evidentiary rule designed to avoid uncertainty; an oral mandate is not void solely because it is not in writing.
Extrahierte Begründung
The later filing of a written power of attorney cures the earlier absence of the document for acts already performed by the representative, even if the document itself was created only later. The justice of the peace could have refused representation and postponed the hearing, but by accepting the representative's assertion he only assumed the risk of a later challenge.