Stokes v. United States

HUTCHESON, Circuit Judge.

Appellants were prosecuted under an indictment charging in count 1, that on the 8th day of May, 1937, "One Stokes and one Olson did unlawfully, wilfully and knowingly possess distilled spirits, etc.,” and in count 2 that on the same day, “One Stokes and One Olson did unlawfully transport distilled spirits.”

On the ground that the evidence did not sufficiently connect Olson with the offense charged in the first count, or Stokes with that charged in the second count, the District Attorney moved at its close that a verdict be directed as to Olson on the first count, and…