KENDJERSKI v. UNITED STATES

No. 4492.

9 F.2d 909 (1926)

KENDJERSKI v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

January 5, 1926.


Attorney(s) appearing for the Case

J. Harold Read, of Cleveland, Ohio (Henry DuLawrence, of Cleveland, Ohio, on the brief), for plaintiff in error.

D. C. Van Buren, Asst. U. S. Atty., of Cleveland, Ohio.

Before DONAHUE, MACK, and MOORMAN, Circuit Judges.


DONAHUE, Circuit Judge (after stating the facts as above).

The plaintiff in error insists that the verdict and judgment in this case is not sustained by any substantial evidence. While this question is not presented by the record, nevertheless in making this claim counsel evidently overlooks, not only that the credibility of the witness Smerk was a question for the jury, but also the further evidence of the policemen that they had given him this marked dollar; that...

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