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UNITED STATES v. HARLAN

No. 81-1895.

696 F.2d 5 (1982)

UNITED STATES of America, Appellee, v. Walter J. HARLAN, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 6, 1982.

As Amended December 20, 1982.

Opinion on Rehearing February 25, 1983.

Attorney(s) appearing for the Case

Corey M. Belobrow, Concord, N.H., by appointment of the Court, with whom R. John Roy, and Law Offices of R. John Roy, Manchester, N.H., were on brief, for defendant, appellant.

Robert J. Lynn, Asst. U.S. Atty., with whom W. Stephen Thayer, III, U.S. Atty., Concord, N.H., was on brief, for appellee.

Before COFFIN, Chief Judge, ALDRICH and SWYGERT, Senior Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

The single issue presented by this appeal is whether the court committed prejudicial error in failing to inform the defendant that, if indigent, he was entitled to court-appointed counsel. We conclude that it did, and reverse.

Defendant Harlan and three others were indicted in June, 1981 for offenses connected with "clocking," viz., setting back, the odometers on used cars prior to their being offered for sale.

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