Fitzpatrick v. United States

SPARKS, Circuit Judge.

Appellant was convicted on counts one, three and five of an indictment charging him with violation of the White-Slave Traffic Act, § 2, 18 U.S.C.A. § 398, and from that judgment this appeal is prosecuted.

We are first confronted with appellee’s motion to strike the bill of exceptions and to dismiss the appeal on the ground that appellant has not complied with rule 9 of the Supreme Court (28 U.S.C.A. following section 723a), with respect to bills of exceptions in criminal cases. That rule provides that in cases other than those where the appeal is without a bill of…