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GORDON v. UNITED STATES

No. 15126.

216 F.2d 495 (1954)

Phillip GORDON v. UNITED STATES of America.

United States Court of Appeals Fifth Circuit.

November 4, 1954.

Attorney(s) appearing for the Case

No appearance for appellant.

Harvey H. Tisinger, Asst. U. S. Atty., James W. Dorsey, U. S. Atty., and John W. Stokes, Jr., Asst. U. S. Atty., Atlanta, Ga., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and TUTTLE, Circuit Judges.

TUTTLE, Circuit Judge.

This case comes here in an effort to extend to new lengths the principle enunciated by the Supreme Court in Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461, in which the court first authoritatively established the proposition that if an accused in a criminal trial "is not represented by counsel and has not competently and intelligently waived his constitutional right, the Sixth Amendment stands as...

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