Clifton Gregory v. United States

J. SKELLY WRIGHT, Circuit Judge:

The indictment against appellant charges five counts — first degree murder,1 second degree murder,2 two robberies,3 and one assault with a dangerous weapon.4 After his motion for severance was denied, appellant was tried and convicted on all counts. We reverse for severance and a new trial.

The indictment covers two separate series of events, both including liquor store robberies. As to the first robbery, the Government relied for identification of the defendant on only one witness, and that witness on the day after the robbery had identified someone other *187than…