UNITED STATES v. MILESTONE

No. 79-2782.

626 F.2d 264 (1980)

UNITED STATES of America, Appellee, v. Philip MILESTONE, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 30, 1980.


Attorney(s) appearing for the Case

Jacob Kossman (argued), Carmen C. Nasuti, Philadelphia, Pa., for appellant.

Roberto Rivera-Soto, (argued), Asst. U. S. Atty., Peter F. Vaira, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Chief, App. Div., Philadelphia, Pa., for appellee.

Before ALDISERT, WEIS and GARTH, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

One count of a federal indictment charged bribery to affect the acts of two officials, but at pretrial, the prosecution elected to prove conduct only as to one. The trial court permitted an alteration of the indictment to that effect. We conclude that the modification did not constitute an amendment to the indictment requiring grand jury approval. Accordingly, we reject the petitioner's contention to the contrary...

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