IMRIE v. UNITED STATES, 38 F.2d 634 (10th Cir. 1930)

IMRIE v. UNITED STATES.

No. 66.Circuit Court of Appeals, Tenth Circuit.
February 8, 1930.

Appeal from the District Court of the United States for the Western District of Oklahoma.

In a proceeding under the National Prohibition Act, tit. 2, § 26 (27 USCA § 40), judgment was rendered forfeiting an automobile, and A.D. Imrie appeals.

Affirmed.

John T. Harley, of Tulsa, Okla., for appellant.

William E. Wiles, Asst. U.S. Atty., of Oklahoma City, Okla.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment forfeiting an automobile, under the provisions of section 26, tit. 2, of the National Prohibition Act, section 40, tit. 27, U.S.C. (27 US CA § 40). Errors assigned are all predicated upon trial proceedings, which can be brought into the record only by proper bill of exceptions, duly approved and signed by the trial court. No such bill of exceptions appears in this record. On the contrary, there is a literal transcript of the evidence and other trial proceedings. Tingley v. United States (C.C.A. 10) 34 F.2d 1; Caldwell v. United States (C.C.A. 10) 36 F.2d 738; Davis v. United States (C.C.A. 10) 38 F.2d 631. In the absence of a proper bill of exceptions, we cannot consider the errors assigned. Davis v. United States, supra.

The judgment is affirmed, and the mandate will issue forthwith.