ROGERS, Circuit Judge.
The plaintiff in error, hereinafter called the defendant, was indicted, tried, and convicted upon an indictment which charged him with the commission of a crime. The indictment contained three counts. At the conclusion of the trial the defendant's counsel moved the court to direct the jury to find a verdict of not guilty on the first count, upon the ground that there was no evidence to sustain it. The motion was granted, with the admission of...
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