No. 17943.

315 F.2d 667 (1963)

Sydney B. KADWELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

April 4, 1963.

Attorney(s) appearing for the Case

Ronald G. Alberts, Novato, Cal., for appellant.

John W. Bonner, U. S. Atty., Thomas R. C. Wilson, II, Asst. U. S. Atty., and Melvin D. Close, Jr., Reno, Nev., for appellee.

Before ORR, MERRILL and BROWNING, Circuit Judges.

BROWNING, Circuit Judge.

Appellant appeared before the District Court on a charge of violating the Dyer Act, 18 U.S.C.A. § 2312. An attorney present in the courtroom was appointed to represent him. Counsel was given a copy of a proposed information and waiver of indictment, and he and appellant were "excused temporarily * * * to consult * * * about this matter." Shortly thereafter1 appellant appeared again before the court, waived...

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