When will a trial judge override a motion to dismiss a motion that would have allowed evidence of sexual assault to be used in the trial?

(1) On the first assignment, we hold that the trial judge did not abuse his discretion. United States v. Roselli, 432 F.2d 879 (CA9 1970). Neither Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968), nor Erwing v. United States, 296 F.2d 320 (CA9 1961), is in point on this record before us. Beyond that, the Judge's cautionary instructions prohibiting the use of the evidence relative to Counts I and II in connection with the other counts were more than adequate to dispel any possible impropriety in overruling the motion.