Jack C. Williams v. United States

Ninth Circuit

Jack C. Williams v. United States

399 F.2d 636, 1968 U.S. App. LEXIS 5690

CourtCourt of Appeals for the Ninth Circuit

DecidedAugust 27, 1968

Docket21077_1

StatusPublished

Cited by3 cases

This text of 399 F.2d 636 (Jack C. Williams v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jack C. Williams v. United States, 399 F.2d 636, 1968 U.S. App. LEXIS 5690 (9th Cir. 1968).

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Opinion

PER CURIAM.

Appellant has been adjudged guilty of possession with intent to sell and with passing of counterfeit $100 Federal Reserve Notes. 18 U.S.C. §§ 472-474.

Testimony reveals that on two occasions appellant made purchases of liquor giving a counterfeit $100 note as payment and receiving change. Testimony also reveals that his apartment was searched and that liquor of the brands purchased by him was found.

Appellant attacks the warrantless search as unlawful and assigns as error the court’s failure to exclude testimony with reference to it. We find no prejudice. Appellant admitted the liquor pur *637 chases. His defense was that he did not know that the notes were counterfeit.

Appellant complains that he was not granted a continuance so that certain witnesses might be located and subpoenaed. The court’s denial of the motion for continuance was without prejudice to its renewal. Indeed, the court indicated to counsel its willingness/ to grant a renewal of the motion the following morning if counsel indicated that his efforts to locate the witnesses were unsuccessful. There was .Ao renewal of the motion and counsel made not attempt to subpoena these witnesses. Counsel quite apparently decided against attempting to call the witnesses.

Appellant asserts that failure to renew the motion deprived him of adequate representation by counsel. Upon this record no sufficient showing is made.

Judgment affirmed.

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PER CURIAM.

Appellant has been adjudged guilty of possession with intent to sell and with passing of counterfeit $100 Federal Reserve Notes. 18 U.S.C. §§ 472-474.

Testimony reveals that on two occasions appellant made purchases of liquor giving a counterfeit $100 note as payment and receiving change. Testimony also reveals that his apartment was searched and that liquor of the brands purchased by him was found.

Appellant attacks the warrantless search as unlawful and assigns as error the court’s failure to exclude testimony with reference to it. We find no prejudice. Appellant admitted the liquor pur *637 chases. His defense was that he did not know that the notes were counterfeit.

Appellant complains that he was not granted a continuance so that certain witnesses might be located and subpoenaed. The court’s denial of the motion for continuance was without prejudice to its renewal. Indeed, the court indicated to counsel its willingness/ to grant a renewal of the motion the following morning if counsel indicated that his efforts to locate the witnesses were unsuccessful. There was .Ao renewal of the motion and counsel made not attempt to subpoena these witnesses. Counsel quite apparently decided against attempting to call the witnesses.

Appellant asserts that failure to renew the motion deprived him of adequate representation by counsel. Upon this record no sufficient showing is made.

Judgment affirmed.

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399 F.2d 636, 1968 U.S. App. LEXIS 5690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jack-c-williams-v-united-states-ca9-1968.

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