United States v. Crosby

DIMOCK, District Judge.

This is one of those oft occurring cases where a fundamental question arises which must have been answered over and over again but where no reported decision can be found which gives the answer.

The Government wishes to proceed with a trial of an indictment which names several individuals and a corporation, Texas-Adams Oil Company, Inc. The corporation has been summoned pursuant to Rule 9(c) (1) F.R.Crim.P. It has defaulted in appearance. The Government moves for the appointment of some one to represent the corporation.

Rule 43 provides that the defendant must be present…