UNITED STATES v. TAYLOR

No. 76-1501.

544 F.2d 347 (1976)

UNITED STATES of America, Appellant, v. Howard TAYLOR, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 11, 1976.


Attorney(s) appearing for the Case

G. Roderic Anderson, Asst. U. S. Atty., Omaha, Neb., for appellant; Daniel E. Wherry, U. S. Atty., Omaha, Neb., on brief.

Richard J. Bruckner, Omaha, Neb., for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, and BRIGHT and WEBSTER, Circuit Judges.


VAN OOSTERHOUT, Senior Circuit Judge.

This is an appeal by the Government, pursuant to 18 U.S.C. § 3731, from an order of the trial court dated May 12, 1976, reading:

Pursuant to the Memorandum filed this date, IT IS ORDERED that the defendant's Motion for a New Trial is sustained. IT IS FURTHER ORDERED that the defendant's Motion for Judgment of Acquittal is overruled.

Defendant was tried to a jury and convicted on each...

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