Jack C. Williams v. United States

Good Law
399 F.2d 636·1968 U.S. App. LEXIS 5690
United States Court of Appeals for the Ninth CircuitAugust 27, 196821077_1California222 words

Opinion

Opinion

Appellant has been adjudged guilty of possession with intent to sell and with passing of counterfeit $100 Federal Reserve Notes. 18 U.S.C. §§ 472-474 .

Testimony reveals that on two occasions appellant made purchases of liquor giving a counterfeit $100 note as payment and receiving change. Testimony also reveals that his apartment was searched and that liquor of the brands purchased by him was found.

Appellant attacks the warrantless search as unlawful and assigns as error the court’s failure to exclude testimony with reference to it. We find no prejudice. Appellant admitted the liquor pur chases. His defense was that he did not know that the notes were counterfeit.

Appellant complains that he was not granted a continuance so that certain witnesses might be located and subpoenaed. The court’s denial of the motion for continuance was without prejudice to its renewal. Indeed, the court indicated to counsel its willingness/ to grant a renewal of the motion the following morning if counsel indicated that his efforts to locate the witnesses were unsuccessful. There was .Ao renewal of the motion and counsel made not attempt to subpoena these witnesses. Counsel quite apparently…

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