What is the effect of a District Court finding that a defendant in a criminal case was not informed of the criminal charges in the indictment and bill of particulars?
MultiRegion, United States of America
The following excerpt is from U.S. v. Short, 857 F.2d 1479 (9th Cir. 1988):
Because both the indictment and bill of particulars (1) sufficiently apprised Short of the charges against him so as to enable him to prepare for trial and not be misled or unfairly surprised at trial and (2) protected against any double jeopardy, any supposed variance has not prejudiced his substantial rights. See United States v. Anton, 547 F.2d 493, 496 (9th Cir.1976). Accordingly, we find that the district court did not err.
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