Jehl

Appellant was found guilty upon each of nine counts of an indictment charging eight substantive offenses with respect to the illicit operation of a still, and one count charging a conspiracy to violate the Internal Revenue laws of the United States.

In the trial below, appellant at the close of the government’s case in chief moved the court for a directed verdict of not guilty which motion was renewed after defendants had rested. Both motions were denied. Thereupon the government offered rebuttal which was received and thereafter appellant offered evidence in surrebuttal which was also received and additional evidence in rejoinder was offered by the government and was likewise received. Appellant’s motion for a directed verdict was not renewed when the parties rested their respective cases. After verdict there was a motion for a new trial and a motion for arrest of judgment both of which were denied. Exceptions were allowed with respect to each of the motions.

Error is assigned with respect to denial by the trial court of each of the motions above mentioned. No other errors are assigned. •

The questions for our consideration are, did the trial court err (1) in denying motion…

I dissent. I think the record discloses substantial circumstantial evidence which required the submission of the case to the jury. This having been done we should not override the jury’s verdict.