Colbaugh v. United States

FARIS, District Judge.

Defendant, sentenced to the penitentiary for two years and to pay a fine of $300 on his conviction for possessing whisky in an Indian country, sued out this writ of error to reverse such conviction.

The only error properly preserved, or seriously relied on, is that the evidence was insufficient to show defendant’s guilt. Counsel for the government rather vaguely suggests that such error cannot be urged or relied on, because it was not properly preserved in the trial court. The record on which this suggestion is bottomed is against the government. At the close of the…