McElheny v. United States (146 F.2d 932, 1944)

MATHEWS, Circuit Judge.

Appellant was indicted in six counts. Count 1 charged that appellant took and carried away for his own use, with intent to steal and purloin, certain property of the United States. Each of the other counts charged that appellant had in his possession, with intent to convert to his own use and gain, certain property of the United States which had theretofore been stolen, knowing the same to have been so stolen. Appellant was arraigned, pleaded not guilty, waived jury trial, was tried by the court, and was found guilty on count 1 and not guilty on the other counts. A motion for a new trial was made and denied. Thereupon, on February 18, 1944, judgment was entered sentencing appellant to be imprisoned for one year on count 1 and dismissing the other counts. From that judgment this appeal is prosecuted.

Twenty-seven alleged errors were assigned and are specified. Assignments 1-25 are to rulings on evidence. Appellant did not except to these rulings. Hence assignments 1-25 need not be considered. However, we have considered them and find no merit