WESTFALL v. UNITED STATES

Nos. 4116-4118.

2 F.2d 973 (1924)

WESTFALL v. UNITED STATES. MERSEL v. SAME. TANSEY v. SAME.

Circuit Court of Appeals, Sixth Circuit.

December 2, 1924.


Attorney(s) appearing for the Case

Hugh Nichols, of Cincinnati, Ohio (Nichols, Morrill, Stewart & Ginter, of Cincinnati, Ohio, on the brief), for plaintiffs in error.

A. Lee Beatty, Asst. U. S. Atty., of Cincinnati, Ohio (Harry A. Abrams, of Cincinnati, Ohio, on the brief), for the United States.

Before DENISON, MACK, and DONAHUE, Circuit Judges.


PER CURIAM.

Complaint is made that, in this prosecution for conspiracy, evidence was received of overt acts other than those specified in the indictment. The record shows no objection or exception.

We are also told that for lack of necessary proof a verdict of acquittal should have been directed; but, again, the record shows no motion for a directed verdict, nor any objection or exception raising that point. It is the settled rule in this court that section...

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