On Petition for Rehearing
PER CURIAM.This case is before the Court upon petition for rehearing. One of the claims made in the petition is that the Court erroneously refused to consider a major issue presented to the Court by the briefs and oral arguments of the parties: “(T)hat appellee was denied due process of law by reason of the failure to appoint counsel to represent appellee for a period of over three months after his arrest.”
Upon consideration of this issue, on the record in the trial, we conclude as did the district judge and for the reasons stated by him that the issue is without merit.
It is argued in the petition for rehearing that it is not the function of this Court to consider de novo the factual and legal issues determined in the District Court and that if the finding of the District Court is supported by substantial evidence, this Court is obligated to affirm that finding. The issue before the district judge was one of mixed law and fact and he made his determination from a review of the trial transcript. We are not bound by the district judge’s conclusions of law or by his interpretation of the evidence in the trial transcript. The clearly erroneous rule is not applicable to such findings of fact.
The petition for rehearing is denied.
The appellee’s “Motion to Withdraw Motion to Vacate Judgment and Dis*378miss Appeal or, in the Alternative Pe~ tion for Rehearing and to Substitute Therefore Petition for Rehearing” is granted.