Balliet v. United States

Citations

• 129 F. 689
• 64 C.C.A. 201
• 1904 U.S. App. LEXIS 4085

Syllabus

<p>1. Criminal Law — Witnesses—Examination—Notice to Accused.</p> <p>Since Rev. St. U. S. § 1033 [U. S. Comp. St. 1901, p. 722], providing that a person indicted for treason or a capital offense shall be furnished with a list of witnesses, to be produced three days before the trial on the indictment for treason and two days before the trial of any other capital cases, limits such right to trials for treason and capital offenses, it impliedly authorizes the examination of witnesses in trials in the federal courts for lesser crimes without such witnesses being previously disclosed to accused.</p> <p>If 1. See Criminal Law, vol. 14, Cent. Dig. §§ 1420, 1422.</p> <p>2. Same — Federal Courts — State Law — Adoption—Practice—Custom.</p> <p>A federal court in 1859 adopted certain chapters of the Code of the state in which it was sitting relating to criminal procedure, requiring the names of all witnesses, on whose evidence the indictment is found, to be indorsed on the indictment, and providing that the county attorney should not introduce any witness who was not examined before a committing magistrate or the grand jury, etc. In 1893 the practice in such court was changed so as to authorize the government to introduce testimony of witnesses other than those whose names were indorsed on the indictment, without giving previous notice to accused. Held, that a defendant subsequently indicted was not entitled to claim the benefit of the former practice.</p> <p>3. Appeal — Assignments of Error — Objections to Testimony.</p> <p>Where neither the assignment of errors nor the brief of counsel on appeal quotes the substance of testimony objected to, in full, as required by Court of Appeals rules 11 and 24 (89 Fed. vii, xi, 32 C. C. A. xiv, xxiv), and the pages of the record where the testimony is reported are not referred to, such objections will not be reviewed.</p> <p>4. Same — Bill of Exceptions — Exhibits—Objections.</p> <p>Where objections to the admission of written and printed