UNITED STATES OF AMERICA, PLAINTIFF AND APPELLEE,
v.
DALTON CARL SMITH, APPELLANT
Explore caselaw by topic → Browse Order Of Proof cases and more on FLexlaw
PER CURIAM:
The conviction in this case involving stolen and forged securities is affirmed.
It is said there should have been a severance of the substantive and conspiracy counts. No motion for a severance is in the record.
There is a point about Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476. This is not a Bruton case. United States v. Griffin (9 Cir., 1970), 434 F. 2d 978, is applicable.
Objection is made that when certain statements of coeonspirators were admitted in evidence the conspiracy hadn’t been proved. In this case we find this to be only a question of order of proof within the trial court’s discretion. See United States v. Knight (9 Cir., 1969), 416 F. 2d 1181.
There is no merit to the contention that there was insufficient evidence. The evidence was abundant and the jury made no mistake.
Other points raised we find insubstantial.
The mandate will issue now.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Wilmer Stanley Snow, 521 F.2d 730 (9th Cir. 1975)
-
United States v. Peterson, 549 F.2d 654 (9th Cir. 1977)
-
United States v. Sandoval-Villalvazo, 620 F.2d 744 (9th Cir. 1980)
Authorities Cited
- Bruton v. United States, 391 U.S. 123 (U.S. 1968)
- United States v. Knight, 416 F.2d 1181 (9th Cir. 1969)
- United States v. Griffin, 434 F.2d 978 (9th Cir. 1970)