CROSS v. UNITED STATES

No. 17775.

325 F.2d 629 (1963)

Harold S. CROSS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 14, 1963.


Attorney(s) appearing for the Case

Messrs. Thomas S. Jackson and Austin P. Frum, Washington, D. C. (both appointed by this court), for appellant.

Mr. David Epstein, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

Before FAHY, WASHINGTON and WRIGHT, Circuit Judges.


WRIGHT, Circuit Judge.

Appellant was convicted of assault on a police officer. 22 D.C.Code § 505(a). During his trial his counsel advised the court that the defendant had declined to return to the courtroom. At the time the defendant was in the custody of the United States Marshal in a room adjacent to the courtroom. The court ordered the trial to "proceed with the defendant in absentia."1 Appellant asks reversal of his conviction...

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