STARRITT v. UNITED STATES

No. 4283.

3 F.2d 1021 (1925)

Florence STARRITT and John Mann, Plaintiffs in Error, v. UNITED STATES, Defendant in Error.

Circuit Court of Appeals, Ninth Circuit.

March 2, 1925.


Attorney(s) appearing for the Case

M. E. Mack, of Spokane, Wash., for plaintiffs in error.

Frank R. Jeffrey, U. S. Atty., and H. Sylvester Garvin, Asst. U. S. Atty., both of Spokane, Wash.

Before GILBERT, ROSS, and HUNT, Circuit Judges.


GILBERT, Circuit Judge.

This case comes before us without assignment of error other than that, at the close of the testimony for the prosecution, the trial court overruled the challenge of plaintiffs in error to the sufficiency of the evidence, and that the motion for a new trial was overruled. As no motion was made at the close of the testimony for an instructed verdict, and the ruling on the motion for a new trial is not reviewable here, no question is properly...

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