Secord

Secord v. United States

Good Law
44 F.2d 788·1930 U.S. App. LEXIS 3443
United States Court of Appeals for the Ninth CircuitNovember 10, 1930No. 6171California444 words

Opinion

Lead Opinion

Wilbur, J.

Appellant was tried on an indictment containing three counts alleging sales of intoxicating liquor on three different dates, the fourth count charging him with possession of liquor, two counts alleging previous conviction of possession of intoxicating liquor, and another count charging him with maintaining a nuisance*. He was convicted upon all counts and his sentences of imprisonment run concurrently, aggregating six months in all, with a fine of $506.

In his brief on appeal appellant advances certain alleged errors of the trial court as a ground for reversal of a judgment against *789 him. There are five assignments of error. The first relátes to the cross-examination of appellant. The bill of exceptions does not show that the alleged evidence set out in the assignment was offered at the trial. The point is not argued on appeal. The second, third, fourth, and fifth assignments relate to instructions given by the trial court to the jury. The bill of exceptions shows no objections made thereto and no exceptions reserved.

The appellant has requested that the alleged errors in the instructions be reviewed by this court, notwithstanding the failure of the appellant to object…

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