SHEPARD v. UNITED STATES

No. 564.

64 F.2d 641 (1933)

SHEPARD v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

April 5, 1933.


Attorney(s) appearing for the Case

Harry W. Colmery and Balfour S. Jeffrey, both of Topeka, Kan., C. L. Kagey, L. M. Kagey, and Kagey & Black, all of Wichita, Kan., and Doran, Kline, Colmery & Cosgrove, of Topeka, Kan., for appellant.

S. M. Brewster, U. S. Atty., and L. E. Wyman, Donald Little, and Dan B. Cowie, Asst. U. S. Attys., all of Topeka, Kan., for appellee.

Before LEWIS, COTTERAL, and PHILLIPS, Circuit Judges.


COTTERAL, Circuit Judge.

It must have been an undue zeal that prompted counsel in casting the imputation upon this court that it in any way prejudged appellant's case, and found the errors justified in the "failures of counsel," especially since this court passed over certain fatal objections to a review of the rulings upon the evidence and the instructions to the jury. Rule 11 of this court requires assignments on questions of evidence to quote the full substance...

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