Miller v. United States

Appellant, Clyde R. Miller, and thirteen others were indicted for conspiracy “to commit prohibited and unlawful acts of manufacturing, transporting, possessing, and selling alcohol, whisky, wine and beer.” Of the seven defendants convicted, Miller alone appeals.

Appellant, when called upon to plead, moved the court for an order requiring the United States to file a bill of particulars as to certain matters sought to be alleged in the indictment. He also interposed a demurrer to the indictment. The demurrer was over *121 ruled, and the motion for a bill of particulars was denied, except for one specification.

At the trial, appellant did not claim any surprise arising from unexpected particulars in the proof offered by the prosecution, nor did he request a continuance to- meet such unexpected particulars. In tho absence of a showing that substantial rights were prejudiced by the refusal of those portions of the requested bill of particulars which were denied, appellant has no ground for complaint as to the exercise of its discretion by the court below in this regard. Rubio v. U. S. (C. C. A.) 22 F.(2d) 766 ; Robinson v. U. S. (C. C. A.) 33 F. (2d) 238; Wong Tai v. U. S., 273 U. S.…