United States v. Charles Richard Morris

SIMPSON, Circuit Judge:

Appellant Morris was indicted, tried and convicted in the district court for violation of Title 18, U.S.C. § 659, possession of goods stolen from an interstate shipment, twenty-two pairs of men’s slacks. During the trial one of the government witnesses was stricken while on the stand and died a short time later the same day. Appellant moved for a mistrial. The motion was denied, a guilty verdict ensued and Morris was sentenced to a suspended two-year confinement term. The sole issue raised on appeal has its basis in the facts surrounding the death of the witness. We…