William Warden Duncan v. United States

William Warden Duncan, appellant herein, was charged jointly with one Judson Wesley Rainey in an indictment filed in the United States District Court for the District of Arizona with two counts of violating 18 U.S.C. § 2312 , which section makes unlawful the receipt and concealment of a stolen motor vehicle moving in interstate commerce knowing the motor vehicle to have been stolen. The two counts read as follows:

Before trial appellant filed a motion for a bill of particulars. In response thereto, appellee furnished certain information to appellant, and the district court thereafter denied appellant’s motion. Prior to trial the district court granted appellant’s motion for a separate trial.

Appellant, after a jury trial, was found guilty on both counts. He filed a timely appeal to this court which has jurisdiction under 28 U.S.C. § 1291 .

Upon appeal appellant makes two contentions: (1) That the court erred in denying his motion for a bill of particulars, and (2) that the court erred in failing to strike the testimony of Beverly Harrell.

We affirm.

By the indictment and by the information given to counsel for appellant he was advised of the date of each of the offenses, the…