Gibson v. United States

GARDNER, Circuit Judge.

Defendant was convicted under an indictment containing four counts. The first three counts charged violation of section 338, title 18, of the United States Code (18 USCA § 338), while the fourth count charged a violation of section 88, title 18, of the United States Code (18 USCA § 88). The ease was first tried at the October, 1930, term, held at Creston, Iowa, at which time the jury disagreed, and the cause was then passed to the January, 1931, term. The January, 1931, term began on January 13th. On January 12th appellant filed a motion for the production of one Joe…