Richards

Richards v. United States

Good Law
126 F. 105·2 Alaska Fed. 201·61 C.C.A. 161·1903 U.S. App. LEXIS 4288
United States Court of Appeals for the Ninth CircuitSeptember 21, 1903No. 931California2,089 words

Opinion

Lead Opinion

Gilbert, J.

The record in this case is incumbered by a mass of irrelevant matter. It includes the indictment against Joseph Wright, the examination of the jurors in that case, the testimony taken before the jury, the instructions of the court to the jury, and all the orders of the court. We have nothing to do with the question of the guilt or the innocence of Wright, or the correctness of the charge of the court in his case, nor with any of the matters contained in the record in that case, save such as directly refer to the assignments of error in the case at bar.

Although the writ of error is prosecuted by both Richards and Jourden, no appearance is made in this court on behalf of the latter. All the testimony taken in the case is presented in the bill of exceptions. It fully sustains the charges against Jourden, and, so far as he is concerned, it requires no discussion. The plaintiff in error Richards concedes the rule to be that if there be any evidence whatever, no matter how slight, in favor of the judgment, no relief can be afforded by this court. But he contends that the record shows a complete absence of incriminating evidence against him. Upon a careful scrutiny of the testimony…

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