United States Ex Rel. Theodore R. Stovall v. Honorable Wilfred Denno, as Warden of Sing Sing Prison, Ossining, New York

J. JOSEPH SMITH, Circuit Judge

(dissenting):

I dissent. I agree with Judge Friendly that “in the absence of overriding necessity or consent, a man who has been brought before a judge on a charge of a capital crime, and has expressed his desire for counsel, is entitled under the Constitution to be let alone until he gets one.”