Lucis

Lucis v. United States

Good Law
2 F.2d 975·1925 U.S. App. LEXIS 1943
United States Court of Appeals for the Ninth CircuitJanuary 5, 1925No. 4322California282 words

Opinion

Lead Opinion

Rudkin, J.

This is a writ of error to review a judgment of conviction under the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 1013814 et seq.). The only assignment of error is the general one that the court erred in rendering judgment against the plaintiff in error. Under this assignment it is urged that there was no proof of venue, and that the evidence is not sufficient to support the charges contained in the information. These questions wore not raised in the court below by motion for a directed verdict or otherwise, and they cannot be raised in this court for the first time. While the bill of exceptions contains no proof of venue, there was nothing *976 in the assignments of error calling for such proof. A hill of exceptions is prepared with general reference to the assignments of error, and inasmuch as the question of venue was not raised at the trial, or by any specific assignment of error, it is not at all surprising that proof of venue is not found in the bill of exceptions. Furthermore, had the objection been timely made, no doubt the court would have permitted the government to supply the defect before submitting the ease to the jury. The sufficiency of the evidence to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.