Appeal from the District Court of the United States for the Northern District of Illinois, Eastern Division.
Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.
ALSCHULER, Circuit Judge.
Appellant, on trial with his two codefendants, was convicted on the nuisance count alone of an indictment charging them with various infractions of the National Prohibition Law (27 USCA).
The record discloses that at the inception of the trial the following took place:
"The Court: Pleas are not guilty?
"Mr. Goodnow (appellant's attorney): Yes, they are.
"Mr. Tappy (Asst. U. S. Attorney): Waive the jury?
"Mr. Goodnow: We waive the jury.
"Mr. Goodnow: If the Court please, I Want to ask for the exclusion of the witnesses.
"The Court: Oh, I am not so sure, I think I have one of your men convicted right here, (indicating) after the evidence is in if they all plead not guilty.
"Mr. Goodnow: If your Honor please, I want to ask leave once more for the exclusion of the witnesses.
"The Court: Oh, no, it is not necessary ...