ALSCHULER, Circuit Judge.
Appellant, on trial with his two codefendants, was convicted on the nuisance count alone of an indictment charging them with various infractions of the National Prohibition Law (27 USCA).
The record discloses that at the inception of the trial the following took place:
"The Court: Pleas are not guilty?
"Mr. Goodnow (appellant's attorney): Yes, they are.
"Mr. Tappy (Asst. U. S. Attorney): Waive the jury?
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