MORRIS v. UNITED STATES

No. 10967.

156 F.2d 525 (1946)

MORRIS v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied August 19, 1946.


Attorney(s) appearing for the Case

Morris Lavine and Mario Perelli-Minetti, both of Los Angeles, Cal., for appellant.

Charles H. Carr, U. S. Atty., James M. Carter and Ernest A. Tolin, Assts., and William Strong, Sp. Asst., to the U. S. Atty., all of Los Angeles, Cal., for appellee.

Before GARRECHT, DENMAN and STEPHENS, Circuit Judges.


STEPHENS, Circuit Judge.

William Morris was informed against in four counts and went to trial before a jury under his plea of not guilty as to each count. At the conclusion of the government's case, defendant made a motion for directed verdicts as to each count, but the court, with the tacit acquiescence of defendant and the government, treated the motion as one to dismiss, and granted it as to Counts 3 and 4, and denied it as to Counts 1 and 2.1...

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