U.S. v. TOOTICK

Nos. 90-30140, 90-30142.

952 F.2d 1078 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Moses TOOTICK, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Charles Evans FRANK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 17, 1991.


Attorney(s) appearing for the Case

John E. Storkel, Storkel & Grefenson, Salem, Or., for defendant-appellant Tootick.

Stephen R. Sady, Chief Deputy Federal Public Defender, Portland, Or., for defendant-appellant Frank.

William Youngman, Asst. U.S. Atty., Portland, Or., for plaintiff-appellee.

Before GOODWIN, ALARCON and HALL, Circuit Judges.


GOODWIN, Circuit Judge:

Charles Frank and Moses Tootick were jointly tried and convicted of assault resulting in serious bodily injury under 18 U.S.C. § 113(f) and 1153. They appeal on the ground that the district court erred in denying their timely motions for severance made before and during trial. 736 F.Supp. 1047. Frank also argues on appeal that the court erred in permitting...

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