Battles v. United States

WRIGHT, Circuit Judge: Appellant was indicted and tried before a jury for a violation of the Dyer Act, 18 U.S.C. § 2312 (1964 ed.).1 At the close of the Government's case, appellant's motion for judgment of acquittal based on alleged insufficiency of the Government's evidence was denied by the trial judge. Appellant offered no evidence and, after resting his case, unsuccessfully renewed his motion for judgment of acquittal. The jury returned a verdict of guilty as charged. Appellant then filed a post-trial motion for judgment of acquittal or, in the alternative, a motion for new trial. After briefs were submitted by both parties, the trial judge, the Honorable Claude F. Clayton, issued an order and an opinion of the court, denying appellant's motions. On appeal appellant presents the identical arguments made below in support of his various motions.