Keplinger v. United States

How later courts describe this case

• “where the witness appears to be equally available or unavailable to both sides, we think it is well within the district court’s discretion to refuse to allow such argument.”
• attorneys representing corporation had no attorney-client relationship with individual employees, where “no express agreement for individual representation was made” and where employees never asked attorney directly or indirectly to represent them
• “When an indictment contains all the essential elements of the charged offense, the accused may obtain the factual proof supporting the charge, if vital to his defense, by a motion for a bill of particulars. ”
• “It requires no extended discussion of authority to demonstrate that omissions or concealment or material information can constitute fraud cognizable under the mail fraud statute, without proof of a duty to disclose the information pursuant to a specific statute or regulation.”
• proof of “invariable” office custom not required