Morton v. United States

EVANS, Circuit Judge.

Appellant seeks reversal because of (a) improper admission of evidence, (b) refusal of court to permit appellant to fully cross-examino government witnesses, (e) remarks of the district attorney to the jury, and (d) alleged variance between the conspiracy charged and the evidence received in its support.

Appellant argues that the only proof of Morton’s guilt appears in the evidence which established one of the overt acts and which occurred before the date of the creation of the conspiracy. This contention is rejected for two reasons — legal and factual.

As a matter of law,…