United States v. Gross

OPINION and ORDER

WHIPPLE, District Judge:

The defendant Nelson Gross moves this Court for a judgment of acquittal pursuant to Fed.R.Crim.P. 29(c) alleging that the evidence presented in the case was insufficient to sustain his conviction for the offenses charged in the indictment or in the alternative, the defendant moves this Court for a new trial in the interests of justice pursuant to Fed.R.Crim.P. 33.

In ruling on a motion for a judgment of acquittal, the test that ought to be applied by the trial judge is that laid down by Judge Prettyman in Curley v. United States, 81 U.S.App.D.C. 389,…