WILLIS A. SMITH, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court did not err in denying a motion for a bill of particulars regarding the informer's identity, as the government disclosed the name before trial and the informer testified.
The defendant, convicted of narcotics offenses, appealed, arguing the trial court erred by denying his motion for a bill of particulars to identify a …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Competent Counsel cases and more on FLexlaw
CHAMBERS, Circuit Judge:
In this narcotics conviction here on appeal, we have one substantial issue: Was there reversible error in the trial court’s denial of a motion for a bill of particulars? Smith wanted a bill telling him the name of the government’s informer. In the context of this case, he was entitled to know, although it is not every case where the information must be given. Aguilar v. United States, 9 Cir., 363 F. 2d 379. However, two days before trial, the government advised defense counsel of the name of the informer. The informer was called by the defense and testified. Much of the informer’s testimony was favorable to the defendant. How in the sequence there was any prejudice, one cannot find. We find no offense to Roviaro v. United States, 353 U.S. 53, 77 S.Ct. 623, 1 L.Ed.2d 639. See Sorren-tino v. United States, 9 Cir., 163 F. 2d 627, and Sartain v. United States, 9 Cir., 303 F. 2d 859.
Error is asserted in failure to grant a continuance. We can’t find that it was ever requested. Requests for recesses were granted.
We find no abuse of discretion or reversible error in the instructions.
The contention of lack of competent counsel at trial is without merit. We cannot say that the representation was a mockery. In fact, we agree with the trial judge that the defendant was well represented. The frequency of this charge on appeals does point out the occupational hazard of defending such cases as this.
The judgment is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Borchert v. United States, 405 F.2d 735 (9th Cir. 1968)
Authorities Cited
- Roviaro v. United States, 353 U.S. 53 (U.S. 1957)
- Sorrentino v. United States, 163 F.2d 627 (9th Cir. 1947)
- Sartain v. United States, 303 F.2d 859 (9th Cir. 1962)
- Aguilar v. United States, 363 F.2d 379 (9th Cir. 1966)