UNITED STATES v. FREEMAN

No. 5776.

81 F.2d 910 (1936)

UNITED STATES v. FREEMAN.

Circuit Court of Appeals, Third Circuit.

January 30, 1936.


Attorney(s) appearing for the Case

E. Washington Rhodes and Robert N. C. Nix, both of Philadelphia, Pa., for appellant.

James I. Marsh, Asst. U. S. Atty., and Horatio S. Dumbauld, U. S. Atty., both of Pittsburgh, Pa.

Before DAVIS and THOMPSON, Circuit Judges, and DICKINSON, District Judge.


DICKINSON, District Judge.

The classification of facts into evidentiary and ultimate is helpful. The latter are inferences from the former. They are truths as distinguished from facts. There is here no controversy over the evidentiary facts. The sole question is whether they warrant, with that degree of certainty which the law requires, the inference of guilt charged in the indictment. The jury, as the trier, found guilt. The trial judge gave effect to the verdict...

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