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UNITED STATES v. HORTON

Nos. 77-1258, 77-1270.

562 F.2d 529 (1977)

UNITED STATES of America, Appellee, v. Clarence HORTON, Appellant. UNITED STATES of America, Appellee, v. Robert ITZKOWITZ, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 7, 1977.

Attorney(s) appearing for the Case

Gary P. Barket, Little Rock, Ark., for appellant, Horton.

Leon B. Catlett, Little Rock, Ark., for appellant, Itzkowitz.

Wilbur H. Dillahunty, U. S. Atty. and Gene O'Daniel, Asst. U. S. Atty., Little Rock, Ark., for appellee.

Before GIBSON, Chief Judge, and LAY and HEANEY, Circuit Judges.

PER CURIAM.

The sole issue raised is whether the trial court erred in permitting the government to amend the indictment at the close of the government's case to reinstate the phrase which had been inadvertently stricken by the trial court, and then permitting the government to offer additional testimony with respect to the stricken phrase. We find no error in the trial court's actions.

In the original indictment,...

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