(dissenting):
I dissent. I agree generally with the dissenting opinion of Judge Waterman, except that I would not make the incidence of the right not to be interrogated in the absence of counsel depend on a request. For the reasons set forth in my dissents in United States v. Robinson, 354 F.2d 115 and United States v. Cone, 354 F.2d 132, I would hold that since, after Drummond’s volunteered statements to the agents the night of September 28, the investigation had fully focused upon him, the trial use against him of the results of his further interrogation without according him his Sixth Amendment right to counsel was error under the Escobedo case. I agree with Judge Waterman and Judge Anderson that there is no sound basis in the record for this court to construct a finding of waiver by Drummond of his right to counsel. I would reverse for new trial.