Julia Mae Thomas v. United States

This is an appeal from a judgment upon conviction following trial by jury for the knowing and unlawful sale of a quantity of heroin in violation of Title 21 U.S.C.A. § 174 , wherein appellant, was fined in the amount of $5,000 and: sentenced to imprisonment for a period-, of twenty years. Two errors at trial are. relied on for reversal. No issue is-raised by appellant as to the sufficiency of the evidence.

The first error urged by appellant is that the trial court erred in failing to grant an early adjournment for the day when requested by appellant’s-, counsel on the grounds of his ill health. It is appellant’s contention that this failure on the part of the trial court denied-her effective assistance of counsel in violation of Amendment 6 of the United States Constitution. (The pertinent colloquies betwen court and counsel are set. out in the margin. ) We find no merit., in this contention.

The case of Glasser v. United States, 315 U.S. 60 , 62 S.Ct. 457, 465 , 86 L.Ed. 680 , upon which appellant principally relies, bases its holding as to “Assistance of Counsel” upon a showing that some prejudice resulted to the defendant by the appointment of one of his attorneys to…