Opinion
Submitted March 30, 1964
Decided April 2, 1964
Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Defendant contended that, because one of two counsel assigned to him for purposes of trial, although requested to do so, failed to file a timely notice of appeal from the judgment of conviction rendered May 2, 1952, he was deprived of the due process guaranteed by the Fourteenth Amendment to the Constitution of the United States. The Court of Appeals held that defendant's constitutional rights were not violated.