Corbin v. United States
| Decision Date | 07 April 1920 |
| Docket Number | 3421. |
| Citation | 264 F. 659 |
| Parties | CORBIN et al. v. UNITED STATES. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Frederick T. Saussy, of Savannah, Ga., for plaintiffs in error.
John W Bennett, U.S. Atty., of Waycross, Ga.
Before WALKER, Circuit Judge, and CALL and HUTCHESON, District Judges.
This writ of error is prosecuted from a verdict and judgment against the defendants.
Six errors are assigned; the first two consisting of a general assault on behalf of both defendants on the indictment, and the last four seeking to review the verdict as to Will Miller for want and for insufficiency of the evidence.
The errors assigned to the indictment are: (1) That the court erred in refusing to require an election on the part of the government. (2) To the action of the court in overruling a motion to quash because the indictment joined felonies and misdemeanors.
The indictment in this case charges defendants in four counts three felonies and one misdemeanor, and was identical in its formal parts with that discussed in the case this day decided of Phillips v. United States, 264 F. 657, . . . C.C.A. . . . . For the reasons there given, the court did not err in overruling the motion to quash, and the second assignment of error must therefore be overruled.
For the same reason, and for the further reason that the trial court is invested with the discretion to determine whether joinder or consolidation of different charges should be allowed (Pointer v. U.S., 151 U.S. 403, 14 Sup.Ct. 410, 38 L.Ed. 208; Dolan v. U.S., 133 F. 440, 69 C.C.A 274), and the denial by the court in the exercise of this discretion of a motion for election is not reviewable error...
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