HANING v. UNITED STATES

Nos. 7484, 7485.

21 F.2d 508 (1927)

HANING v. UNITED STATES. VINCIQUERRA v. SAME.

Circuit Court of Appeals, Eighth Circuit.

August 26, 1927.


Attorney(s) appearing for the Case

William N. Jamieson (of Jamieson, O'Sullivan & Southard), of Omaha, Neb., for plaintiffs in error.

James C. Kinsler, U. S. Atty., of Omaha, Neb. (George A. Keyser and Ambrose C. Epperson, Asst. U. S. Attys., both of Omaha, Neb., Philip M. Aitken, Asst. U. S. Atty., of Lincoln, Neb., and William J. Froelich, Asst. U. S. Atty., of O'Neill, Neb., on the brief), for the United States.

Before SANBORN and BOOTH, Circuit Judges, and MILLER, District Judge.


SANBORN, Circuit Judge.

The first alleged error of which the defendants below, Earl Haning and Louise Vinciquerra, complain, is that, after all the evidence had been received, the court denied their request to instruct the jury to return a verdict in their favor on the ground that there was no evidence in the case sufficient to sustain a verdict against them. The charge in the indictment under which they were tried was that, on or about the 16th day of October, 1925...

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