Kearns
Kearns v. United States
Opinion
Lead Opinion
Rudkin, J.
This is a writ of error to review a judgment of conviction under an indictment charging a conspiracy *855 to violate the National Prohibition Aet (27 USCA). The assignments of error are based on instructions of the court, on refusals to instruct as requested, and on misconduct of the attorney for the government in *his argument to the jury. The first instruction to which our attention is directed is an instruction defining a reasonable doubt, the second relates to the impeachment of a certain witness, and the third limited the consideration of certain testimony to the question of the credibility of a witness. One of the requests refused was an instruction as to the consideration to be given testimony relating to the general reputation of some of the parties charged, and the two other requests refused were cautionary instructions as to the testimony of accomplices. The remaining assignment is based on the charge of misconduct of counsel.
A number of the questions thus presented are not properly before us for review. The only exceptions taken to the charge were, first, a general exception to the instruction defining a reasonable doubt; and, second, an exception to the instruction…