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GOITIA v. UNITED STATES

No. 7106.

409 F.2d 524 (1969)

Ricardo PEREZ GOITIA, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

April 15, 1969.

Attorney(s) appearing for the Case

Albert J. Krieger, New York City, with whom Benicio Sanchez Castano, San Juan, P. R., was on the brief, for appellant.

Thomas O'Leary, Atty., Dept. of Justice, with whom Fred M. Vinson, Jr., Asst. Atty. Gen., and Francisco A. Gil, Jr., U. S. Atty., were on the brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

McENTEE, Circuit Judge.

Defendant was charged in a three count indictment with violation of the narcotics laws. The case went to trial on October 2, 1967,1 on which date he appeared in court with counsel. After the trial had commenced, defendant jumped bail and absconded.2 Invoking Fed.R.Crim.P. 43,3 the district court ordered the trial to continue without him. The jury returned...

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