Leon Dedley Noah v. United States

On December 8, 1960, in the United States District Court for the District of Oregon, appellant, Leon Dudley Noah, was indicted in eight counts. Counts 1, 3 and 4 charged offenses alleged to have been committed by appellant at. Portland, Oregon, on or about October 3, 1960. Counts 2 and 6 were dismissed and are not involved here. Counts 5, 7 and 8 charged offenses alleged to have been committed by appellant at Portland, Oregon, on or about November 23, 1960.

Appellant was arraigned, pleaded not guilty and had a jury trial. At the close of all the evidence, he moved for a judgment of acquittal and for a directed verdict. The stated ground of the motion was, in substance, that the evidence was insufficient to sustain a conviction on counts 1, 3, 4, 5, 7 and 8 or any of them. The motion was denied. Appellant was found guilty on each of the six counts last above mentioned. Thereupon a judgment of conviction was entered, sentencing appellant on each of the six counts to be imprisoned for seven years, the sentences to run concurrently. This appeal is from that judgment.

Three alleged errors are specified. Specification 1 alleges, in substance, that the trial court erred in refusing to…