Harold S. Cross v. United States of America, John L. Jackson v. United States

BAZELON, Chief Judge.

In a joint indictment, appellants were-charged in Count I with robbery of a church rectory on February 23, 1962, and' in Count II with robbery of a tourist home on May 2, 1962. Both appellants-filed pretrial motions for severance of the counts.1 The motions were denied.2 The-jury returned verdicts of guilty on Count I and not guilty on Count II. Appellants’ chief contention on these appeals is that the District Court erred in refusing to sever the counts for trial.

We need not decide whether the joinder here of two offenses and two defendants was proper under Rule 8 of the…