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UNITED STATES v. CHRISCO

Nos. 73-1101, 73-1145.

487 F.2d 505 (1973)

UNITED STATES of America, Appellee, v. Delmar Earl CHRISCO, Appellant. UNITED STATES of America, Appellee, v. Lewis HOWELL, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 20, 1973.

Attorney(s) appearing for the Case

Robert H. Garfield, St. Louis, Mo., for appellant Howell.

Thomas C. Palmer, St. Louis, Mo., for appellant Chrisco.

Michael W. Reap, Asst. U. S. Atty., St. Louis, Mo., for appellee.

Before GIBSON and BRIGHT, Circuit Judges, and TALBOT SMITH, Senior District Judge.

ORDER OF REMAND

We considered this appeal at the September term of this court. Among other things, appellant Delmar Earl Chrisco contends that he was denied due process of law by being removed from the courtroom during a portion of the process of impaneling jurors in violation of F.R.Crim.P. 43, specifically during the time that his counsel exercised peremptory challenges. Appellant Lewis Howell makes the same contention in his reply brief. Unobjected to at time...

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