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WARNER v. UNITED STATES

No. 508.

60 F.2d 700 (1932)

WARNER v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

June 25, 1932.

Attorney(s) appearing for the Case

J. W. Ward, of Wichita, Kan., for appellant.

S. M. Brewster, U. S. Atty., and Dan B. Cowie, Asst. U. S. Atty., both of Topeka, Kan.

Before COTTERAL and PHILLIPS, Circuit Judges, and POLLOCK, District Judge.

COTTERAL, Circuit Judge.

We adhere to our former decision in holding that the sufficiency of the evidence against Warner was reviewable, although the question was not saved by a motion for a directed verdict. Substantial evidence was requisite that was more consistent with his guilt than with his innocence. Moore v. United States (C. C. A.) 56 F.2d 794. In view of John Loehr's plea of guilty, the inquiry is whether Warner was a party...

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