Legal Opinion

United States v. Owens

District Court, E.D. Tennessee

Decided December 28, 1976No. CR-2-76-19Published

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

The defendant Mrs. Owens was found guilty by a jury under both counts of the indictment herein. She moved timely for entry of a judgment of acquittal or for a new trial, Rules 29(c), 33, Federal Rules of Criminal Procedure, claiming the insufficiency and contrary weight of the evidence as well as error by the Court in admitting the testimony of her husband as to matters occurring before their marriage. Such testimony was referable only to the charge contained in count 2. The latter ground is meritorious.

The prosecution’s witness Mr. Joe Davis…

2Cases cited8 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. Hawkins v. United StatesSupreme Court of the United States · 1958
  3. Wyatt v. United StatesSupreme Court of the United States · 1960
  4. United States v. Newton P. Van DrunenCourt of Appeals for the Seventh Circuit · 1974
  5. United States v. Thomas GeorgeCourt of Appeals for the Sixth Circuit · 1971

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