Plymouth Dealers' Association of Northern California v. United States

Appellant Plymouth Dealers’ Association of Northern California was charged in a one count indictment with violation of Title 15 U.S.C.A. § 1 , a part of the Sherman Act. Appellant was convicted by a jury, fined $5,000, and files a timely appeal. The court below had jurisdiction under Title 18 U.S.C. § 3231 . This Court has jurisdiction of the appeal. Title 28 U.S.C. §§ 1291 , 1294.

The indictment charged that the appellant and certain co-conspirators engaged in “a combination and conspiracy to stabilize the retail prices of Plymouth motor cars and accessories in the San Francisco Bay Area, in unreasonable restraint” of interstate commerce.

As described by appellant, “the paramount question before the Court is whether the charge above alleged in detail is sustained by the evidence in this case.” Thus the first specification of error is insufficiency of the evidence as a matter of law to support the verdict.

There are two additional specifications of error. One alleged error is in instructing the jury, and the other is the insufficiency of the evidence to establish interstate commerce. Appellant considers specifications of error one and two as one matter, as will we.

The first…