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UNITED STATES v. COX

No. 71-2439.

459 F.2d 986 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Everett Wayne COX, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 28, 1972.

Attorney(s) appearing for the Case

J. A. Canales, Corpus Christi, Tex. (Court appointed), for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., James R. Gough, C. Leland Hamel, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before AINSWORTH, GODBOLD and MORGAN, Circuit Judges.

PER CURIAM:

A jury found Everett Wayne Cox guilty of transporting a 1969 Ford Falcon automobile in interstate commerce from Fort Smith, Arkansas, to Corpus Christi, Texas, knowing it to have been stolen, in violation of the Dyer Act, 18 U.S.C. § 2312. On the second day of the trial, Cox was absent. Pursuant to Rule 43, Federal Rules of Criminal Procedure,1 the trial proceeded in his absence. He was subsequently arrested in Minneapolis...

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