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MOORE v. UNITED STATES

No. 4306.

1 F.2d 839 (1924)

MOORE et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied November 24, 1924.

Attorney(s) appearing for the Case

J. Robert O'Connor and Schenck & Kittrelle, both of Los Angeles, Cal., for plaintiffs in error.

David V. Cahill and Charles L. Nichols, Sp. Assts. Atty. Gen., for the United States.

Before GILBERT, ROSS, and RUDKIN, Circuit Judges.

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

The first and principal assignment of error challenges the sufficiency of the testimony to support the verdict. No such challenge was interposed during the trial in the court below, by motion for a directed verdict or otherwise, and the rule is well settled that that question cannot be raised for the first time by motion for a new trial or in the appellate court. Bilboa v. United States (C. C. A.) 287 F. 125...

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