Qualls v. United States

SIBLEY, Circuit Judge.

Appellant was found guilty and sentenced for a violation of the Mann Act, § 2, 18 U.S.C.A. § 398. On this appeal the only error argued is that the evidence did not authorize conviction. No motion for a directed verdict of acquittal was made, so the error, if any, is that of the jury. A federal appellate court ordinarily does not review the action of the jury, but only that of the judge. We might dispose of this case on that ground. But we have the power to reverse an unwarranted conviction though the lack of evidence was not ruled upon by the trial judge. Edenfield v.…