Blaine v. United States, 8474.

• Court: U.S. Court of Appeals — District of Columbia Circuit
• Writing for the Court: PER CURIAM
• Citation: Blaine v. United States, 136 F.2d 284, 78 U.S.App.D.C. 64 (D.C. Cir. 1943)
• Decision Date: 22 June 1943
• Docket Number: No. 8474.,8474.
• Parties: BLAINE v. UNITED STATES.

78 US App. DC 64, 136 F.2d 284 (1943)

BLAINE v. UNITED STATES.

No. 8474.

United States Court of Appeals for the District of Columbia.

Argued June 2, 1943.

Decided June 22, 1943.

Mr. Harry T. Whelan, of Washington, D. C., with whom Mr. Albert F. Graham, of Washington, D. C., was on the brief, for appellant.

Mr. Charles B. Murray, Assistant United States Attorney, of Washington, D. C., with whom Messrs. Edward M. Curran, United States Attorney, and John P. Burke, Assistant United States Attorney, both of Washington, D. C., were on the brief, for appellee. Mr. George E. McNeil, Assistant United States Attorney, of Washington, D. C., also entered an appearance for appellee.

Before GRONER, Chief Justice, and EDGERTON and ARNOLD, Associate Justices.

PER CURIAM.

Appellant was tried in the District Court and convicted of assault with the intent to commit rape. On this appeal the single assignment of error is that he was deprived of a fair and impartial trial because he was brought into the presence of the jury on the second day of the trial while handcuffed to a deputy marshal.

Appellant was on bail when the trial began and when his case was called came forward and took his seat with his counsel at the trial table. At the conclusion of the first day of the trial, and after the jury had been excused, his surety surrendered him and he was taken into custody. The following morning he was brought into the courtroom in the sight of the jury manacled to the marshal. After a few words from the Clerk the manacles were removed. Counsel...