UNITED STATES v. GUTERMA

Crim. No. 45776.

173 F.Supp. 219 (1959)

UNITED STATES of America, v. Alexander L. GUTERMA, Garland L. Culpepper, Jr., Robert J. Eveleigh, and George A. Heaney, Defendants.

United States District Court E. D. New York.

May 18, 1959.


Attorney(s) appearing for the Case

Emanuel Eschwege, New York City, for defendant, Robert J. Eveleigh.

Cornelius W. Wickersham, Jr., U. S. Atty. for the Eastern District of New York, Brooklyn, N. Y., for the United States and Richard B. Cooper, Asst. U. S. Atty., Brooklyn, N. Y., of counsel.


BYERS, Chief Judge.

This is a motion by the defendant Eveleigh for severance and a separate trial under F.R.Crim.P. rule 14, 18 U.S. C.A. which provides that the court may order "separate trials of counts, grant a severance of defendants or provide whatever other relief justice requires" if it appears that a defendant is prejudiced by a joinder of defendants, or by such joinder for trial together.

The motion is based upon this defendant's affidavit which points...

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