Harris

United States v. Harris

Good Law
141 F. Supp. 418·1955 U.S. Dist. LEXIS 2176
United States District Court, Southern District of CaliforniaDecember 21, 1955No. 24079-CD Cr.California1,016 words

Opinion

lead Opinion

Tolin, J.

In this criminal prosecution wherein the defendants are charged with sixty-seven violations of Title 18 U.S.C.A. § 1341 , the Court has granted the plaintiff’s motion for a view of premises referred to in the testimony. Witnesses have referred to certain cities and military establishments with particular reference to accessibility of one area to another, location of highways, entrances into a Naval Ordnance Test Station, etc.

General characteristics of various locales and many specific physical objects *419 relative to the real property offered for sale, and other properties and places having various degrees of relevancy in the evidence, have been testified to by witnesses and commented upon by counsel for all parties. There are many maps and pictures in the record.

The Court overruled vigorous defense objections to the plaintiff’s motion and held that a view of the properties which had been offered for sale should be had, together with a view of the other locales which have been referred to in the evidence. Plaintiff’s motion for a view was granted. This was within the Court’s discretion. 1 Defendants based their objections on an unparticularized assertion that to grant a view…

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