O'Leary v. United States

ORR, Circuit Judge.

Appellant was convicted of voluntary manslaughter. Pie contends on appeal that said conviction should be set áside because the evidence, being circumstantial, fails to exclude every other reasonable hypothesis than that of guilt and that such evidence is not inconsistent with every reasonable hypothesis of innocence.. The trial court was asked to direct the trial jury to return a verdict in favor of defendant at the conclusion of the presentation of the Government’s evidence. The motion was denied. No evidence was offered on behalf of defendant.

We have considered the…