O'LEARY v. UNITED STATES

No. 11295.

160 F.2d 333 (1947)

O'LEARY v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

February 27, 1947.


Attorney(s) appearing for the Case

A. I. McCormick and Pat A. McCormick, both of Los Angeles, Cal., for appellant.

James M. Carter, U. S. Atty., and Arthur Livingston and Norman W. Neukom, Asst. U. S. Attys., all of Los Angeles, Cal., for appellee.

Before DENMAN, HEALY and ORR, Circuit Judges.


ORR, Circuit Judge.

Appellant was convicted of voluntary manslaughter. He contends on appeal that said conviction should be set aside because the evidence, being circumstantial, fails to exclude every other reasonable hypothesis than that of guilt and that such evidence is not inconsistent with every reasonable hypothesis of innocence.

The trial court was asked to direct the trial jury to return a verdict in favor of defendant at the conclusion of the presentation...

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