United States v. Miller

REED, District Judge.

Under such circumstances, I am of the opinion that the motion should not be entertained, for the reason that the motion was made to set aside the verdict after the judgment and sentence of the court. See Bishop’s Criminal Procedure (2d Ed.) vol. 2, p. 1268. However, as counsel for defendant insists that his motion is well taken, I have considered the same with some care.

Taking up the several grounds of the motion in inverse order presented in the motion, I find that the fourth ground is based on an alleged irregularity, in that among the persons constituting the trial…