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CAMPBELL v. UNITED STATES

No. 6281.

295 A.2d 498 (1972)

Nathaniel K. CAMPBELL, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided July 26, 1972.

Rehearing Denied September 18, 1972.

Attorney(s) appearing for the Case

Joan M. McIntyre, appointed by this court, for appellant.

James A. Fitzgerald, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and John H. Bayly, Asst. U. S. Attys., were on the brief, for appellee.

Before KERN, NEBEKER and REILLY, Associate Judges.

NEBEKER, Associate Judge.

This appeal from a conviction of possessing heroin1 presents the question whether a jury trial was commenced under Superior Court Criminal Rule 43 with a hearing on an oral motion to suppress held just before jury impanelling. When, on the appointed day, the case was assigned for trial, counsel for the Government stated he intended to use a confession. Before jury impanelling began a Miranda

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