Frank Releford v. United States

Frank Releford appeals from a judgment of conviction entered on a jury verdict finding him guilty of a violation of the White Slave Traffic Act, 18 U.S.C.A. § 2421 . Six errors are specified, one being that he was deprived of counsel of his own choice.

Some time after the indictment was returned against him, Releford retained attorney Wendell P. Kay to represent him. The case was originally set for trial at Anchorage, Alaska, on April 28, 1958. It was continued on motion of appellant to Monday, May 19, 1958. Prior to the date of trial Kay was hospitalized in Seattle, Washington.

As the trial date approached it became apparent that Kay would not be released from the hospital prior to that time. On the afternoon of Thursday, May 15, 1958, S. J. Buckalew, Jr., an attorney who shared office space with Kay, filed an affidavit to that effect. In this affidavit it was also recited that hospital authorities had advised that in all probability Kay would be released from the hospital within fifteen days.

On the following morning the district court called Releford in for a hearing on the matter of his representation by counsel at the trial. Following that hearing the court directed…