Opinion · Court of Appeals for the Ninth Circuit

Schindler v. United States

Schindler v. United States, 24 F.2d 204 (9th Cir. 1928)

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1928-02-13
Topic
general

DIETRICH, Circuit Judge. From a judgment of conviction upon two counts, one charging unlawful possession, of intoxicating *205liquor, and the other unlawful possession of three stills, the defendant, Charles Schindler, brings error. The only point urged is the insufficiency of the evidence. Admittedly, considerable quantities of whisky, the three still's, and other indicia of illicit transactions respecting, intoxicating liquors, were found on premises under defendant’s control, and while the circumstances showing knowledge and conscious participation may, in some respects, be conceded to be meager, they were sufficient to warrant submission to the jury. Such, doubtless, was the view of counsel for defendant at the time, for he made no suggestion to the contrary by motion for a directed verdict, or by exception to the instructions, or in any other manner.

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SCHINDLER v. UNITED STATES,24 F.2d 204(9th Cir. 1928)
SCHINDLER v. UNITED STATES.
No. 5320.
Circuit Court of Appeals, Ninth Circuit.
February 13, 1928.
In Error to the District Court of the United States for the Southern Division of the Southern District of California; Paul J. McCormick, Judge.

Criminal prosecution by the United States against Charles Schindler. Judgment of conviction, and defendant brings error. Affirmed.
Edward J. Kelly, of San Diego, Cal., for plaintiff in error.

Samuel W. McNabb, U.S. Atty., and Donald Armstrong, Asst. U.S. Atty., both of Los Angeles, Cal.
Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.
DIETRICH, Circuit Judge.
From a judgment of conviction upon two counts, one charging unlawful possession of intoxicatingPage 205liquor, and the other unlawful possession of three stills, the defendant, Charles Schindler, brings error. The only point urged is the insufficiency of the evidence.

Admittedly, considerable quantities of whisky, the three stills, and other indicia of illicit transactions respecting intoxicating liquors, were found on premises under defendant's control, and while the circumstances showing knowledge and conscious participation may, in some respects, be conceded to be meager, they were sufficient to warrant submission to the jury. Such, doubtless, was the view of counsel for defendant at the time, for he made no suggestion to the contrary by motion for a directed verdict, or by exception to the instructions, or in any other manner. Hence the record exhibits no reviewable question. Bilboa v. United States (C.C.A. 9) 287 F. 125; Moore v. United States (C.C.A. 9)1 F.2d 839; Lucis v. United States (C.C.A. 9) 2 F.2d 975; Utley v. United States (C.C.A. 9) 5 F.2d 963; Rossi v. United States (C.C.A. 8)9 F.2d 362.

Affirmed.