ROTHMAN ET AL.
v.
UNITED STATES

U.S. | 1972-10-24
No. 72-148
Mr. Justice Douglas would grant certiorari.
409 U.S. 956 Supreme Court of the United States (1972) Positive Treatment
Cited by 1 case
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  • Gov't of the Virgin Islands v. George, 680 F.2d 13 (3d Cir. 1982)
    …satisfied with the complement thereof, freely depart, does not appeal to us. To draw the bright line at the formality of swearing the jury would frustrate the purpose of Rule 43. United States v. Miller, 463 F. 2d 600, 603 (1st Cir.), cert. denied, 409 U.S. 956, 93 S.Ct. 300, 34 L.Ed.2d 225 (1972). We agree with this analysis. The principle that a trial “commences” for Rule 43 purposes when jury selection begins was implicit in our holding in Government of the Virgin Islands v. Brown, 507 F. 2d 186, 11 V.…

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