United States v. Dale Edmund Crowder

Appellant was tried by a jury and convicted of violations of statutes with reference to interstate transportation of firearms. Additionally, he was convicted of violating 18 U.S.C. § 2314 [interstate transportation of stolen goods]. All convictions grew out of the same factual background.

On appeal, appellant makes the following assignments of error: (1) that the refusal of the trial judge to bifurcate the trial on the first two counts resulted in an improper admission of prejudicial evidence; (2) that the admission of appellant’s statements relating to his conduct in connection with seizing and transporting a female across state lines was prejudicial error, and (3) that the court erroneously instructed the jury on the question of intent on one of the counts.

(1) On the first assignment, we hold that the trial judge did not abuse his discretion. United States v. Roselli, 432 F.2d 879 (CA9 1970). Neither Bruton v. United States, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968), nor Erwing v. United States, 296 F.2d 320 (CA9 1961), is in point on this record before us. Beyond that, the Judge’s cautionary instructions prohibiting the use of the evidence relative to Counts I and…