Robins v. United States
Citation | 262 F. 126 |
Decision Date | 15 November 1919 |
Docket Number | 5230. |
Parties | ROBINS v. UNITED STATES. |
Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
Ralph Davis, of Memphis, Tenn., for plaintiff in error.
W. H Rector, Asst. U.S. Atty., of Little Rock, Ark. (W. H. Martin U.S. Atty., of Hot Springs, Ark., on the brief), for the United States.
Before CARLAND and STONE, Circuit Judges, and ELLIOTT, District Judge.
The plaintiff in error, hereafter called defendant, was convicted and sentenced upon the first count of an indictment which charged a violation of section 215, Penal Code (Act Cong. March 4, 1909, c. 321, 35 Stat. 1130 (Comp. St. Sec 10385)). A demurrer to this count was overruled, and this ruling is assigned as error.
We have no doubt that the first count charged an offense under the statute. The sufficiency of the evidence to sustain the verdict was not raised in the trial court and may not be urged here, unless in our discretion we decide so to do. We do not think that this is a case where our discretion ought to be exercised in favor of the defendant. The motion for a directed verdict made at the close of the evidence for the United States was waived by the defendant in introducing evidence, and the motion was not renewed at the close of all the evidence. The...
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