Smith v. United States

McCAMANT, Circuit Judge.

A motion for a directed verdiet was overruled and an exception was reserved. The bill of exceptions does not purport to include all the testimony; on the contrary, it contains the following statement: “In addition to the testimony set out hereinabove, other testimony relevant to, and tending to prove, the guilt of each of the defendants with respect to each of the counts charged in the indictment, was introduced, received, and considered.” With the record in this condition, we cannot pass on the sufficiency of the evidence to sustain the conviction.

It is argued that…