United States v. Kessler

KIRKPATRICK, District Judge.

The defendant was convicted upon an indictment charging him with stealing from a truck two cases of cigars constituting an interstate shipment, and he now moves for a new trial on. the ground that the evidence was insufficient to support a conviction and that the Court should have directed a verdict of not guilty. No complaint is made of the charge or of any ruling upon any question of evidence.

The government’s case depended entirely upon circumstantial evidence.

The testimony was not taken stenograph-ically and I must make up a summary of the evidence as best I can…