Girson

Girson v. United States

Good Law
88 F.2d 358·1937 U.S. App. LEXIS 3126
United States Court of Appeals for the Ninth CircuitFebruary 15, 1937No. 8207California2,074 words

Opinion

Lead Opinion

Haney, J.

Defendants were jointly indicted upon four counts as follows: Count 1 charged defendant with receiving stolen public property; count 2 charged defendants with concealing stolen public property; count 3 charged that the defendants aided in concealing stolen public property; count 4 charged that defendants conspired to commit an offense against the United States.

The first three counts charged a violation of 18 U.S.C.A. § 101 ,' and the fourth count was based upon 18 U.S.C. A. § 88. The trial jury returned a verdict of guilty as to count 1, and not guilty on the remaining counts with respect to defendant Girson, and found defendant Riv-in guilty on count 2 and not guilty on the remaining counts. From such convictions both defendants appeal. Defendants filed separate but identical assignments of error, the first ten of which question the sufficiency of the evidence to sustain conviction.

It appears from the face of the record that at the close of the government’s case both defendants moved for a directed verdict which was denied and that each defendant reserved an exception to such ruling; that thereafter defendants offered evidence in their respective defenses, rested, and…

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