Irving v. United States

The appellant was found guilty of three offenses charged in separate counts of the indictment, all being for the alleged violation of the National Prohibition Act (27 USCA), He appealed from the judgment as entered following his conviction.

In the statement of assignment of errors contained in the printed record, appellant has in the main referred to rulings of the court made during the course of the trial as to the admission and rejection of evidence, none of which assignments meets the conditions prescribed by the rules of this court; this particularly in that the requirement is not observed that he “quote the full substance of the evidence admitted or rejected.” Rule 11. Also,- the 'specifications intended to present for review the alleged errors in the instructions of the court totally fail to satisfy the further condition of the rule adverted to, which declares: “When the error alleged is to the charge of _the court, the assignment of errors shall set out the part referred to totidem verbis, whether it be in instructions given or in instructions refused.”

And the rule concludes: “When this is not done, counsel will not be heard, except at the request of the court; and…