Cherry v. United States

EVANS, Circuit Judge.

The only error we need consider is one which is directed to the refusal of the court to grant appellant’s motion to direct a verdict at the close of the testimony. A careful study of the evidence leads us to the conclusion that this motion should have been granted.

The facts may be said to he almost without conflict. On January 25, 1934, a truck loaded with 655 cases of canned goods was traveling from Indiana to Wisconsin on U. S. Route 30. Near Aurora, Illinois, four highway men, at the point of their revolvers, took the truck from the driver and drove the same to…