Weiderman v. United States

YOUMANS, District Judge.

The errors urged by counsel for plaintiff in error, in oral argument and in their brief, are four in number.

1. The first is that the verdict is inconsistent, in that plaintiff in error was found guilty on the first count of the information and not guilty on the second. The testimony on the part of the government tended to show sales of alcohol to two individuals on the same occasion. It is argued on behalf of plaintiff in error that, if the testimony warranted a conviction on the first count, it also warranted a conviction on the second. While that is true, it does not…