Lee Andrew Williams v. United States

A grand jury empaneled in the District Court for the District of Alaska, Second Division, on the 18th day of February 1958, returned two indictments against appellant. Indictment 1631 charged him with obstructing justice. Indictment 1632 charged him with statutory rape. The court ordered the two indictments consolidated for trial. Thereafter trial was had and a verdict of guilty returned on each and judgments entered thereon.

Appellant has appealed from each judgment.

Specifications of error are contained in appellant’s opening brief, however some of the alleged errors most earnestly argued are not specified and others while specified are not argued. Although we do not wish to be understood as condoning the practice of considering errors not specified, we have under the general situation of this case decided not to rigidly hold to the rule.

Appellant first attacks the consolidation for trial of the two indictments. Objection to such consolidation was duly made as was also a motion for severance.

The argument is made that the instant case does not come within the rules permitting consolidation in the Federal Rules of Criminal Procedure, 18 U.S.C.A. Rule 13 provides that “the…