Zap

Zap v. United States

Good Law
151 F.2d 100·1945 U.S. App. LEXIS 2907
United States Court of Appeals for the Ninth CircuitJune 4, 1945No. 10419California597 words

Opinion

Lead Opinion

Mathews, J.

Appellant and Lloyd Scott were indicted in 13 counts. Counts 1-12 charged violations of § 35(A) of the Criminal Code, 18 U.S.C.A. § 80 . Count 13 charged a violation of § 37 of the Criminal Code, 18 U.S.C.A. § 88 . Appellant and Scott pleaded not guilty and were tried. In the course of the trial, counts 2, 6, 9, 12 and 13 were dismissed. Scott was acquitted on all remaining counts. Appellant was acquitted on counts 3, 7, 8, 10 and 11, was convicted and sentenced on counts 1, 4 and 5, and has appealed.

As to count 1, appellee confesses error and consents to a reversal of the judgment.

Appellant filed with the clerk of the trial court an assignment of errors 2 whereby — in numbered paragraphs called assignments — 52 alleged errors were assigned. Appellant’s counsel has filed with the clerk of this court 20 copies of a printed brief, 3 but the brief does not contain a specification of errors. 4 Errors assigned, but not specified, may be deemed waived. 5 Therefore we might well disregard the 52 assignments of error in this case. 6 However, we have not disregarded them, but have considered them, and, so far as they relate to counts 4 and 5, find no merit in them.

Judgment reversed…

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