Edward Heisler v. United States

Heisler appeals from his conviction under an indictment reading:

He waived a jury and was tried by the court.

Every fact stated in the indictment was proved by direct' testimony, save one. The note passed was a $10.00 note, not a $20.00 note. When this discrepancy appeared, Heisler’s counsel objected and moved to strike all testimony relating to the $10.00 note. Government counsel asserted that the figure $20.00 was a clerical error, and moved to amend the indictment to read $10.00. Heisler’s counsel objected to any amendment. The court overruled the objection to the offer of the counterfeit $10.00 note, but deferred action on the motion to amend. The trial was then completed, Heisler’s objection being preserved throughout. Heisler’s counsel renewed his motion to strike, and moved for judgment of ac quittal, asserting a fatal variance. To this the court replied:

The court asked for and heard further argument. The essence of its ruling is as follows:

In this court Heisler asserts that the variance was fatal and that the order amending the indictment makes the indictment invalid.

1. Variance.

Rule 52(a), F.R.Crim.P. reads:

This rule replaces former section 556, title 18…