445 F2d 861 United States v. Smith

445 F.2d 861

UNITED STATES of America, Plaintiff and Appellee,
v.
Dalton Carl SMITH, Appellant.

No. 71-1389.

United States Court of Appeals, Ninth Circuit.

July 20, 1971.

Arthur J. Crowley (argued), of Crowley & Goffin, Hollywood, Cal., for appellant.

David Nissen (argued), Asst. U.S. Atty., Robere L. Meyer, U.S Atty., Los Angeles, Cal., for plaintiff-appellee.

Before CHAMBERS and HUFSTEDLER, Circuit Judges, and SCHWARTZ, District judge.

PER CURIAM:

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1

The conviction in this case involving stolen and forged securities is affirmed.

2

It is said there should have been a severance of the substantive and conspiracy counts. No motion for a severance is in the record.

3

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.

4

Objection is made that when certain statements of coconspirators 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' discretion. See United States v. Knight (9 Cir., 1969), 416 F.2d 1181.

5

There is no merit to the contention that there was insufficient evidence. The evidence was abundant and the jury made no mistake.

6

Other points raised we find insubstantial.

7

The mandate will issue now.