BALDERSON v. UNITED STATES

Nos. 7825, 7826.

24 F.2d 915 (1928)

BALDERSON v. UNITED STATES. LEUPOLD v. SAME.

Circuit Court of Appeals, Eighth Circuit.

March 19, 1928.


Attorney(s) appearing for the Case

Daniel Horrigan, of Omaha, Neb., for plaintiffs in error.

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

Before WALTER H. SANBORN and LEWIS, Circuit Judges, and PHILLIPS, District Judge.


PHILLIPS, District Judge.

Eric Balderson and Ira Leupold were charged by indictment, and separately tried, convicted, and sentenced, for a violation of section 37 of the Criminal Code (USCA, tit. 18, § 88).

The assignments of error present one question: Did the court err in overruling the motions at the close of the evidence in each case for a directed verdict upon the ground that such evidence was insufficient to support a verdict of guilty?

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