Francisco Giyolen Buenaventura v. United States of America, Loncito Esperanza Suente v. United States

The appellants were charged, in identical two-count informations filed in the United States District Court for the Territory of Guam, with unlawfully entering the Guam Island Naval Defensive Sea Area in violation of 18 U.S.C.A. § 2152 , a felony (Count I), and with stowing away aboard a vessel of the Military Sea Transportation Service in violation of 18 U.S.C.A. § 2199 , a misdemeanor (Count II).

The informations were filed on June 14, 1960. Counsel was appointed to represent the appellants, and on June 24, 1960, a motion was made to dismiss the first count of each indictment. In the discussion of this motion District Judge Gilmartin asked whether the appellants were arrested on the high seas and whether they were in custody when they entered the Naval Defensive Sea Area. The United States Attorney was unprepared at the time to answer this question, and after some discussion the judge suggested that the defendants could be placed upon the stand and could be asked that particular question. Appointed counsel objected, stating, “This is a very great surprise to me, your Honor, and I, as their counsel object to their testifying at this time.” However, each appellant was called to…