UNITED STATES v. DUTY

No. 1029, Docket 71-1321.

447 F.2d 449 (1971)

UNITED STATES of America, Appellee, v. Russell G. DUTY, Appellant.

United States Court of Appeals, Second Circuit.

Decided August 3, 1971.


Attorney(s) appearing for the Case

W. A. Newcomb, New York City, for appellant.

John J. Kenney, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty. for the Southern District of New York, and Ross Sandler, Asst. U. S. Atty., New York City, on the brief), for appellee.

Before FEINBERG and MANSFIELD, Circuit Judges, and BARTELS, District Judge.


PER CURIAM:

After a two-day non-jury trial before the Honorable Thomas F. Croake, Russell G. Duty was found guilty on three counts of a five-count indictment charging him with the illegal sale of amphetamine hydrochloride. At the trial he acted as his own attorney and now appeals from his conviction upon the sole ground that he did not knowingly and intelligently waive his right to counsel. The facts follow.

Upon the calendar call in the trial court Duty answered...

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