Lucas v. United States

An indictment was filed in the District Court June 5, 1950, charging that appellant had stolen property of one Butler on or about August 17, 1950. The case came on for trial June 22, 1950. The testimony on behalf of the Government related to an alleged theft by the accused from Butler on August 17, 1949. During the trial the court noticed the error of the indictment in stating the date of the alleged crime and at a bench conference called it to the attention of counsel for the Government and for the defendant. Government counsel stated that it was a manifest clerical error which was not…