George F. Martin v. United States

HILL, Circuit Judge.

On April 19, 1955, in a criminal case and after a plea of guilty, appellant appeared with retained counsel in the court below for sentencing. Before imposing sentence, the trial judge inquired of counsel, “All right. Do you have anything to say, Mr. Kimmel, before the Court sentences this man?” Counsel thereupon made a lengthy statement on behalf of his client in mitigation of punishment. The judge then for a second time inquired, “Have you anything further to say, Mr. Kimmel, before the Court sentences this man?” Kimmel replied, “I believe not, your Honor please.” The…