SMITH v. UNITED STATES

No. 4292.

1 F.2d 1023 (1924)

Frank SMITH, Plaintiff in Error, v. UNITED STATES of America, Defendant in Error.

Circuit Court of Appeals, Ninth Circuit.

October 20, 1924.


Attorney(s) appearing for the Case

John P. Hannon, of Portland, Or., for plaintiff in error.

John S. Coke, U. S. Atty., and Millar E. McGilchrist, Asst. U. S. Atty., both of Portland, Or., for the United States.

Before HUNT and RUDKIN, Circuit Judges, and BOURQUIN, District Judge.


BOURQUIN, District Judge.

The case of plaintiff in error is so devoid of merit that the inference is warranted he seeks review to delay execution — a practice too common in cases of its class and that is not to be encouraged. To conviction for violations of the Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.) the errors assigned are (1) insufficiency of the evidence, and (2) improper instructions. The first was not challenged at the trial...

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