Source: Powell v Alabama (1932)
5. In a capital case, where the defendant is unable to employ counsel and is incapable of making his own defense adequately because of ignorance, feeble-mindedness, illiteracy or the like, it is the duty of the court, whether requested or not, to assign counsel for him as a necessary requisite of due process of law, and that duty is not discharged by an assignment at such a time and under such circumstances as to preclude the giving of effective aid in the preparation and trial of the case. P. 71.
What does Mr Justice Sutherland mean by assignment? Why not just write the following? Does it differ?
... that duty is not discharged by preclud
e[ing] the giving of effective aid in the preparation and trial of the case.