United States v. Fred Lacoy Smith and Woodrow Wilson Wallace, Jr.

FAY, Circuit Judge:

In May of 1975 the defendants, Fred La-Coy Smith, Woodrow Wilson Wallace, and Robert Moore, were charged in a thirty-seven count indictment with misapplication of federal funds and conspiracy. [18 U.S.C. §§ 371, 665(a), 1001] All three pleaded not guilty and the trial of the case commenced on July 14, 1975. Approximately two weeks into the case a severance was granted as to defendant Moore and the trial of Smith and Wallace continued. A verdict of guilty was returned as to the defendant Smith on thirteen counts and as to defendant Wallace on eighteen counts. Smith was…