Narvaez-Granillo

On Octobér 21, 1953, an indictment was filed against the defendant herein •charging him in Count One with a violation of Title 8 U.S.C.A. § 1324 (a) (1), to wit that the defendant did bring into the United States and attempt to bring into the United States a certain named .alien, which alien was not duly admitted by an immigration officer and was not lawfully entitled to enter or reside with;in the United States. . .. . •

- The . second and third counts of the indictment charged the same offense, but involved a different alien.

The case was called for trial on December 8, 1953 before Hon. J. Frank McLaughlin. Defendant’s counsel announced that the defendant would waive the jury. The Court recessed to allow defense and government counsel to confer, and after the recess defense counsel announced that the defendant wished to change his plea to Counts One and Three; the Court then allowed defendant’s plea of not guilty to said counts to be set aside, and asked the defendant if he was ready to enter a new plea to such counts. The defendant answered that he was; the Court according to the transcript of said proceeding was not impressed with the defendant’s tone of voice when he…