Shreve
Shreve v. United States
Opinion
Lead Opinion
Wilbur, J.
Appellants ask leave to file amended and supplemental assignments of errors. The appellee stipulates that this may be done. The amended assignments of error contain 227 separate assignments of error and occupy 170 pages of typewriting, the usual legal size. The original assignments of errors are 63 in number and cover 47 pages. The original assignments related largely to the instructions of the trial court and proceedings preliminary to the trial. The additional assignments proposed relate largely to rulings of the court on the introduction of evidence, although the first thirty-six assignments relate largely to proceedings concerning the examination of the veniremen. It appears that the district attorney stipulated that at the time of filing the original assignments additional assignments could be subsequently prepared by the appellants. The stipulation is not controlling upon the courts, and the assignments filed violate the repeated admonitions of this court and the Supreme Court. It has been frequently pointed out by the courts that such an assignment of errors is inconsistent with the proper function of such assignments. Local 167 v. U. S., 291 U. S. 293, 296 , 54 S. Ct. 396…