Winston Bryant McConney v. United States

In the first count of an indictment filed in the United States District Court for the Northern District of California, Winston B. McConney, appellant herein, was charged along with one Paul L. McAlee with a violation on October 14, 1966, of 26 U.S.C. § 4705 (a) (transfer of heroin not in pursuance of a written order). In Counts Two and Three of the indictment McAlee alone was charged with two narcotic offenses alleged to have occurred on October 19, 1966. McAlee was tried separately and was found guilty on all three counts; Thereafter, McConney, who had been a fugitive, was arrested and brought to trial on Count One. Appellant’s first jury trial commenced on July 24, 1967. A mistrial was declared the following day due to a juror disability. On July 26 appellant’s trial was set for October 9, 1967. It was continued to October 16, and on that day was again continued to October 23, when his second jury trial commenced. Appellant was convicted and he has taken a timely appeal to this court which has jurisdiction under 28 U.S.C. § 1291 .

Appellant’s specifications of error may be summarized as follows: (1) That the district court erred in not granting appellant’s motion for a…