John R. Pearson v. United States

BASTIAN, Circuit Judge.

In this appeal from conviction for unauthorized use of an automobile and transporting the vehicle in interstate commerce, knowing it had been stolen, the primary question is whether or not this case must be reversed because the defendant was absent from the courtroom during parts of his trial. For an understanding of the situation with which the trial judge was faced, we set forth the record on this point.

After the impaneling of the jury, the defendant being present in court, and just as the Assistant United States Attorney had launched into his opening statement, the…