WAGNER

v.

UNITED STATES

Citator

Cited By

• McKISSICK v. United States, 379 F.2d 754 (5th Cir. 1967)
  …uance, remembering that there was only one witness for the prosecution and only two for the defense, we are unable to say that there was an abuse of discretion in this instance, cf. Joseph v. United States, 5 Cir., 1965, 343 F. 2d 755, cert. denied, 382 U.S. 828, 86 S.Ct. 65, 15 L.Ed.2d 73; Ray v. United States, 5 Cir., 1965, 352 F. 2d 521. 2. Allegedly improper closing argument. It is next contended that in his closing argument the United States Attorney improperly commented upon McKissick’s failure to t…
• United States v. Abshire, 471 F.2d 116 (5th Cir. 1972)
  …s that a motion for a continuance is addressed to the sound discretion of the trial court, and the trial judge’s decision will not be disturbed unless he clearly abused his discretion. Joseph v. United States, 343 F. 2d 755 (5th Cir.), cert. denied, 382 U. S. 828, 86 S.Ct. 65, 15 L.Ed.2d 73 (1965). See also United States v. O’Brien, 466 F. 2d 517 (5th Cir. 1972) ; United States v. Valdez, 418 F. 2d 363 (5th Cir. 1969); Welsh v. United States, 404 F. 2d 414 (5th Cir. 1968). Appellant contends that the trial j…
• United States v. Horton, 526 F.2d 884 (5th Cir. 1976)
  …., did the district court abuse its discretion? See, e. g., Buie v. United States, 420 F. 2d 1207 (5th Cir. 1969), cert. denied, 398 U.S. 932, 90 S.Ct. 1830, 26 L.Ed.2d 97 (1970); Joseph v. United States, 343 F. 2d 755 (5th Cir. 1965), cert. denied, 382 U.S. 828, 86 S.Ct. 65, 15 L.Ed.2d 73 (1966). In the instant situation, where a fatal variance is argued, appellant must demonstrate that he was taken by surprise by reason of the variance and that such surprise prejudiced the preparation of his defense. Se…