DUPUIS v. UNITED STATES

No. 4421.

5 F.2d 231 (1925)

DUPUIS v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied May 11, 1925.


Attorney(s) appearing for the Case

Paul C. Dormitzer, 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.

Before ROSS, HUNT, and RUDKIN, Circuit Judges.


ROSS, Circuit Judge.

We see no merit in the argument for the plaintiff in error. What it is contended he could have shown, had the trial court permitted him to procure witnesses at the expense of the government, cannot, of course, be considered, for no such witnesses were procured or appeared. That the matter of such procurement was within the discretion of the court is both statutory and settled by the courts. Rev. Stat. § 878 (Comp. St. § 1489); Goldsby...

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