James Nathan Lowery v. United States

Appellant was convicted after a trial before a jury on all counts of an eight count indictment which charged him with violations of federal narcotics laws. This appeal is from that conviction.

This Court granted appellant’s motion to appeal in typewritten form. Thereafter he filed two typewritten briefs which wholly failed to conform to the requirements of Rule 18(2) (a) (b) (c) and (d) of this Court, 28 U.S.C.A. A complete transcript of trial proceedings has not been filed with this Court. Furthermore, no showing is made that appellant ever filed with the lower court a “designation” of any part of the record on this appeal. See Rule 39(b) (1) Rules of Criminal Procedure, 18 U.S.C.A. and Rule 75(a) Rules of Civil Procedure, 28 U.S.C.A. Apparently a designation was never filed by the appellee.

Prior to filing his Opening Brief, appellant filed with this Court a document styled “Points Raised on Appeal.” These four “points” are:

(1) The Court erred in denying appellant’s motion for acquittal.

(2) The verdict is contrary to the weight of evidence.

(3) The Court erred in charging the jury and in refusing to charge the jury as requested.

(4) The appellant was denied a fair…