Calvin C. Anderson v. United States

J. SKELLY WRIGHT, Circuit Judge:

This appeal presents two questions: (1) Does the acceptance of a plea of not guilty without counsel at arraignment under the circumstances of this case 1 require reversal of a conviction after a full trial on the merits? and (2) is the pre-trial denial of a motion to suppress binding on the trial judge? We answer both questions in the negative.

I

It is now clear, the dictum 2 in Council v. Clemmer, 85 U.S.App.D.C. 74, 75, 177 F.2d 22, 23, cert. denied, 338 U.S. 880, 70 S.Ct. 150, 94 L.Ed. 540 (1949), to the contrary notwithstanding, that the assistance of counsel…