(concurring).
I concur. Whether a waiver can be implied will turn, of course, upon the issue of whether Ingle’s objection to his appointed counsel was valid or frivolous.
It is unfortunate that the state trial judge did not resolve that issue prior to the trial, for Ingle even then had voiced vigorous general dissatisfaction with his appointed counsel. I believe — and my views find confirmation from the interesting discussion appearing in Brown v. United States, 105 U.S.App.D.C. 77, 264 F.2d 363 (1959), cert. denied, 360 U.S. 911, 79 S.Ct. 1299, 3 L.Ed.2d 1262,— that it is better practice for trial judges to delay trials, if necessary, and properly settle such complaints immediately than to make peremptory rulings and risk new trials later.