United States v. John Stayton and Rita Stayton, John Stayton

OPINION OF THE COURT

Before HASTIE, Chief Judge, and Mc-LAUGHLIN and STAHL, Circuit Judges.

STAHL, Circuit Judge.

This is an appeal from the refusal of the lower court to grant appellant’s request to withdraw his plea of guilty prior to sentencing. Appellant and his wife, Rita, were indicted for conspiring to utter and pass counterfeit ten dollar bills. Appellant originally pleaded not guilty on July 7, 1967. On September 18, 1967, he changed his plea to guilty. Sentencing was delayed pending the trial of his wife. Four months later, in January 1968, the case of Rita Stayton was called for trial…