United States v. Russell G. Duty

After a two-day non-jury trial before the Honorable Thomas F. Croake, Russell G. Duty was found guilty on three counts of a five-count indictment charging him with the illegal sale of amphetamine hydrochloride. At the trial he acted as his own attorney and now appeals from his conviction upon the sole ground that he did not knowingly and intelligently waive his right to counsel. The facts follow.

Upon the calendar call in the trial court Duty answered that he was ready and his privately retained attorney, Roger W. Kohn, stepped up and made a formal application to be discharged as counsel upon…