RUDKIN, Circuit Judge (after stating the facts as above).
When the government rested its case, counsel for the plaintiffs in error asked leave to present a motion for a directed verdict of not guilty as to the first count of the indictment, in the absence of the jury, and the denial of this request is assigned as error. Such requests are always addressed to the sound discretion of the trial court, and no abuse of discretion is here shown or claimed, inasmuch as the...
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