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

OLDHAM v. UNITED STATES.

No. 154.Circuit Court of Appeals, Tenth Circuit.
February 8, 1930.

Page 635

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

G.W. Oldham was convicted of violating the National Prohibition Act, and he appeals.

Affirmed.

J.Q.A. Harrod and Laynie W. Harrod, both of Oklahoma City, Okla., for appellant.

Roy St. Lewis, U.S. Atty., Herbert K. Hyde and William Earl Wiles, Asst. U.S. Attys., all of Oklahoma City, Okla.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

PER CURIAM.

G.W. Oldham was convicted and sentenced upon three counts of an information charging violations of the National Prohibition Act (27 USCA) and has appealed.

Insufficiency of the evidence to support the verdict of guilty is the sole error assigned. We cannot consider this assignment because there is no proper bill of exceptions. Instead, there is a literal transcript of all the proceedings at the trial. 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.

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