Sutton v. United States

HOLMES, Circuit Judge.

Appellant was convicted upon a criminal information charging that on December 28, 1944, he willfully and unlawfully did have in his possession and under his control, in violation of Second Revised Ration Order No. 3 and General Ration Order No. 8, as amended, ten thousand pounds of sugar, the same being a rationed commodity.

No demurrer, motion to quash, or motion for bill of particulars was filed, but at the close of all the evidence the appellant moved for a direct verdict; later he made a motion in arrest of judgment. Both motions were overruled, and error is assigned…