Benny Wigfall v. United States

PRETTYMAN, Circuit Judge.

Wigfall was indicted upon a charge of robbery, tried by a jury, and convicted. Upon his appeal he makes two points, (1) that the evidence was insufficient to sustain the conviction and (2) that the trial judge in addressing the jury erred in using the words “jostled” and “jostling” when the word of the complaining witness was “hulking”. 1

The case on the facts was quite brief, the only testimony being that of the complainant and the arresting officer. The woman complainant was on a streetcar. She was carrying a black leather purse and in the purse a wallet containing…