WOMBLE v. UNITED STATES

No. 10811.

146 F.2d 263 (1944)

WOMBLE v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

As Modified on Denial of Rehearing January 20, 1945.


Attorney(s) appearing for the Case

Harold Wyatt, of Stockton, Cal., for appellant.

Frank J. Hennessy, U. S. Atty., of San Francisco, Cal., and Thomas O'Hara and Emmet J. Seawell, Asst. U. S. Attys., both of Sacramento, Cal., for appellee.

Before GARRECHT, MATHEWS, and BONE, Circuit Judges.


GARRECHT, Circuit Judge.

Appellant was found guilty of the violation of Section 398, Title 18 U.S.C.A. The appellant waived jury trial and was tried by the court without a jury. Upon pronouncement of judgment, the appellant made a motion for a new trial which was denied. Appellant appeals from the judgment.

On the question of the sufficiency of the evidence this court can inquire only as to whether there is substantial evidence to support the findings.

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