United States of America, and v. Dalton Carl Smith

Ninth Circuit

United States of America, and v. Dalton Carl Smith

445 F.2d 861, 1971 U.S. App. LEXIS 8837

CourtCourt of Appeals for the Ninth Circuit

DecidedJuly 20, 1971

Docket71-1389_1

StatusPublished

Cited by3 cases

This text of 445 F.2d 861 (United States of America, and v. Dalton Carl Smith) 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.

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United States of America, and v. Dalton Carl Smith, 445 F.2d 861, 1971 U.S. App. LEXIS 8837 (9th Cir. 1971).

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Opinion

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.

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