sequent proceedings. Evans v. United States, 325 F.2d 596 (8th Cir. 1963), cert. denied, 382 U.S. 881, 86 S.Ct. 170, 15 L.Ed.2d 121 (1965). See also, Bistram V. United States, 253 F.2d 610 (8th Cir. 1958).[1] Appellant waived any irregularities in the Rule 40 proceedings when he submitted himself to the District Court for trial, pleaded not guilty, stood trial, and was convicted. Rule 12(b)(2), Fed.R.Crim.P.;[2] Hardy v. United States, 250 F.2d 580 (8th Cir. 1958), cert. denied, 357 U.S. 921, 78 S.Ct. 1362, 2 L.Ed.2d 1365 (1958).
Appellant does not contend that the trial court did not have jurisdiction over him, nor does he allege any infirmities in the information by which he was charged. He complains, rather, that hearsay evidence, improperly admitted, was the basis on which the Colorado District Court found probable cause in the Rule 40 proceedings.
The record does not substantiate Woodring’s contention. At the removal hearing, defense counsel stated that the defendant was Richard A. Woodring, the name given in the information. Woodring told an F.B.I. agent that he was “Richard Allen Woodring,” that he had robbed the bank and the manner in which he robbed it. The agent testified in the Rule 40 hearing to Woodring’s voluntary admissions that he committed the robbery.
There is sufficient evidence to show that the court properly performed its function in the removal hearing. The court expressly found that Woodring was the person named in the complaint charging bank robbery in the United States District Court for the District of Utah, a certified copy of which was filed in the District Court in Denver, that the crime of bank robbery had been committed, and that there was probable cause that Woodring was guilty of the crime charged. United States v. Provoo, 16 F.R.D. 341 (S.D.N.Y.1954); United States v. Binion, 13 F.R.D. 238 (D.Nev. 1952), appeal dismissed, 201 F.2d 498 (1953), cert. denied, 345 U.S. 935, 73 S.Ct. 796, 97 L.Ed. 1363 (1953).
Affirmed.
HERBERT ROSENTHAL JEWELRY CORP., Plaintiff-Appellant,
v.
Edward and Lucy KALPAKIAN, etc., Defendants-Appellees.
No. 24990.
United States Court of Appeals,
Ninth Circuit.
July 7, 1971.
- ↑ At page 612 in Bistram v. United States, the Court said:
“It has long been a firmly entrenched principle of federal jurisprudence that if the accused is personally before a court having jurisdiction of the subject matter, that court has jurisdiction over the accused regardless of how he was brought into the presence of the Court.”
- ↑ Rule 12(b)(2) of the Federal Rules of Criminal Procedure reads as follows:
“Defenses and objections based on defects in the institution of the prosecution or in the indictment or information other than that it fails to show jurisdiction in the court or to charge an offense may be raised only by motion before trial. The motion shall include all such defenses and objections then available to the defendant. Failure to present any such defense or objection as herein provided constitutes a waiver thereof, but the court for cause shown may grant relief from the waiver. * * *”
