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HEADEN v. UNITED STATES

No. 17154.

317 F.2d 145 (1963)

Samuel B. HEADEN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 14, 1963.

Petition for Rehearing Denied April 19, 1963.

Attorney(s) appearing for the Case

Mr. Donald E. Van Koughnet, Washington, D. C. (appointed by this court), for appellant.

Mr. Robert D. Devlin, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Arthur J. McLaughlin, Asst. U. S. Attys., were on the brief, for appellee.

Before DANAHER, BASTIAN and WRIGHT, Circuit Judges.

DANAHER, Circuit Judge.

A jury found appellant guilty of house-breaking and larceny. Sentenced to serve concurrent terms of two to six years on each count, appellant now claims the District Court erred in denying his motion to dismiss the indictment on the ground he was not afforded an opportunity to consult counsel prior to a preliminary hearing before the United States Commissioner. Additionally he argues there was lack of specificity in the

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