Westfall v. United States

Complaint is made that, in this prosecution for conspiracy, evidence was received of overt acts other than those specified in the, indictment. The record shows no objection or exception.

We are also told that for lack of necessary proof a verdict of acquittal should have been directed; but, again, the record shows no motion for a directed verdict, nor any objection or exception raising that point. It is the settled rule in this court that section 269 of the Judicial Code, as amended (Comp. St. Ann. Supp. 1919, § 1246), was not intended to promote reversals by removing the necessity for any…