Treating this as an allowance by the Court of an out-of-time direct appeal (and not a § 2255 collateral attack), we hold that since the very same action by the Trial Court in this very same trial was held to be error as to his eodefend-ant Garza in United States v. Garza, 5 Cir., 1970, 426 F.2d 949, 953-955, reversal and remand for a new trial is likewise called for as to Lopez.

Reversed and remanded.