The following excerpt is from U.S. v. Daly, 716 F.2d 1499 (9th Cir. 1983):
5 A defendant's failure to raise in the trial court the claim that this act has been violated bars assertion of the issue on appeal. United States v. Tercero, 640 F.2d 190, 195 (9th Cir.1980), cert. denied, 449 U.S. 1084, 101 S.Ct. 871, 66 L.Ed.2d 809. The necessity of alerting the trial court is of special importance when it is contended that the trial is set prematurely because if the error is called to the court's attention, a continuance may be granted. Here the judge was alerted by the motion for continuance and the objections of counsel to the early trial setting.
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