FAIRCHILD, Circuit Judge.
Appeal from denial of motion to vacate sentence under 28 U.S.C.A. § 2255.
James Ware was convicted by a jury April 25, 1962. He filed his motion January 12, 1966. The problem arises from his apparent absence when the jury was brought back into court after submission of the case and certain testimony read and a fact stated in response to the jury's request.
The transcript covering the incident does not affirmatively show...
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