Earl Clete King v. United States

RIVES, Circuit Judge

(dissenting):

The record does not disclose that, on appeal, counsel was separately waived by appellant. I would continue the ease and call on the appellant as to whether he desired appointment of counsel on appeal. I, therefore, respectfully dissent from the judgment of affirmance.

ON PETITION FOR REHEARING

Failing to understand that our function as an appellate court is to review what has taken place in the District Court, King has petitioned for rehearing so that he may present evidence to us. This of course is impossible.

The petition for rehearing is ordered denied.