Flynn

Arthur Lee Flynn was indicted in five counts for violating § 32 of the Criminal Code, 18 U.S.C.A. § 76 , was arraigned, pleaded not guilty, was tried, was acquitted on counts 1 and 5, was convicted on counts 2, 3 and 4, was sentenced and, on March 22, 1943, took this appeal.

Rule 9 of the Rules of Criminal Procedure after Plea of Guilty, Verdict or Finding of Guilt, 18 U.S.C.A. following section 688, provides: “In cases other than those described in Rule 8, 1 the appellant, within thirty (30) days after the taking of the appeal, or within such further time as within said period of thirty days may be fixed by the trial judge, shall procure to be settled, and shall file with the clerk of the court in which the case was tried, a bill of exceptions setting forth the proceedings upon which the appellant wishes to rely in addition to those shown by the clerk’s record as described in Rule 8. Within the same time, the appellant shall file with the clerk of the trial court an assignment of errors of which appellant complains. The bill of exceptions shall be settled by the trial judge as *670 promptly as possible, and he shall give no extension of time that is not required in the interest…

(concurring).

I agree that there is no merit in the appeal. '

Appellant was convicted on three counts of an indictment charging him with impersonating an officer of the United States Army with intent to defraud. While he has raised a large number of questions, he stresses particularly two contentions. One is that he was denied compulsory process for the production of witnesses on his behalf. The record affords no support at all for this contention.

The other claim, heavily stressed, is that the court fell into error in complying with a request of the jury to be permitted to inspect, during its deliberations, the trans-script of testimony of a government witness. Upon receiving this request the court called into its chambers counsel for the government and for the defendant, the defendant himself not being present. Counsel together examined the transcript and consented to its being sent into the jury room. While the jury was still out the defendant’s attorney informed him of the incident. He thus had opportunity to object or to call the irregularity to the court’s attention. Nothing of the kind was done. Apparently the defendant was satisfied to await the outcome and preferred to…