Hammer v. United States

ROGERS, Circuit Judge.

The plaintiff in error, hereinafter called the defendant, was indicted, tried, and convicted upon an indictment which charged liim with the commission of a crime. The indictment contained three counts. ' At -the conclusion of the trial the defendant’s counsel moved the court to direct the jury to find a verdict of not guilty on the first count, upon the ground that there was no evidence to sustain it. The motion was granted, with the admission of the counsel for the United States that there was no evidence to show guilt under that count. Thereupon a similar motion was…