Blaine v. United States

Appellant was tried in the District Court and convicted of assault with the intent to commit rape. On this appeal the single assignment of error is that he was deprived of a fair and impartial trial because he was brought into the presence of the jury on the second day of the trial while handcuffed to a deputy marshal.

Appellant was on bail when the trial began and when his case was called came forward and took his seat with his counsel at the trial table. At the conclusion of the first day of the trial, and after the jury had been excused, his surety surrendered him and he was taken into…