Note 823 — AMENDMENT 14 (continued 4)

312 U.S. 329 (1941).—In a post mortem comment on this case appearing in the later decision of Betts v. Brady, 316 U.S. 455, 464 (1942), there is contained the intimation that the mere failure to appoint counsel, alone, in the absence of the proof of other facts tending to show that the whole trial was "a mere sham and a pretense," would not have sufficed to support a finding of a denial of due process.