Kendjerski v. United States

DONAHUE, Circuit Judge (after stating the facts as above).

The plaintiff in error insists that the verdict and judgment in this case is not sustained by any substantial evidence. While this question is not presented by the record, nevertheless in making this elaim counsel evidently overlooks, not only that the credibility of the witness Smerk was a question for the jury, but also the further evidence of the policemen that they had given him this marked dollar; that he shortly returned with the whisky and the change; that within a very few minutes thereafter they found this marked dollar in the…