DEUPREE v. UNITED STATES

No. 4265.

2 F.2d 44 (1924)

DEUPREE v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

October 27, 1924.


Attorney(s) appearing for the Case

J. H. Peterson and T. C. Coffin, both of Pocatello, Idaho, for plaintiff in error.

E. G. Davis, U. S. Atty., and James F. Ailshie, Jr., Asst. U. S. Atty., both of Boise, Idaho.

Before GILBERT, ROSS, and RUDKIN, Circuit Judges.


ROSS, Circuit Judge (after stating the facts as above).

It has been repeatly held by this court that, where a motion for a directed verdict is made upon the conclusion of the case for the government, and denied, with a reserved exception, and the defendant proceeds to introduce evidence on his own behalf, without renewing upon the close of all of the evidence the motion before made, the sufficiency of the evidence cannot be reviewed by the appellate court. United...

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