Bitter v. United States

389 U.S. 15 (1967)

Facts

Bitter (D) was being tried for violating mail fraud statutes for using an assumed name. On the third day of trial, the government rested its case before D anticipated and at recess D sought permission to go to his office to gather additional evidence. Permission was granted and forty-five minutes was allotted. D had previously appeared promptly on all other occasions but this time showed up 37 minutes late. D was ordered into custody for the remainder of the trial. D was then taken to a facility that was 40 minutes from the court and efforts to have him released bore no fruit. D was convicted of seven counts and appealed.