BEAVERS v. UNITED STATES

No. 4169.

3 F.2d 860 (1925)

BEAVERS et al. v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

February 2, 1925.


Attorney(s) appearing for the Case

Thomas J. Walsh and A. E. Weinstein, both of Memphis, Tenn. (A. B. Galloway and Ernest S. Bell, both of Memphis, Tenn., on the brief), for plaintiffs in error.

W. H. Fisher, Asst. U. S. Atty., of Memphis, Tenn. (S. E. Murray, U. S. Atty., and A. A. Hornsby, Asst. U. S. Atty., both of Memphis, Tenn., on the brief), for the United States.

Before DONAHUE, MACK, and KNAPPEN, Circuit Judges.


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

The motion for a directed verdict was properly overruled, for the reason that the government offered substantial evidence tending to prove each and every material allegation of the indictment. This court has no authority to determine the weight of the evidence.

It is insisted, however, that there is a fatal variance between the allegations of the indictment and the evidence, in that the indictment...

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