Opinion
No. 8955.
December 10, 1941.
Appeal from the District Court of the United States for the Western District of Tennessee; Marion Speed Boyd, Judge.
Proceeding between the United States of America and W.A. Nailling. From an adverse judgment, W.A. Nailling appeals.
Affirmed.
Dwyane D. Maddox, of Huntingdon, Tenn., for appellant.
Wm. McClanahan, U.S. Atty., of Memphis, Tenn., for appellee.
Before SIMONS, ALLEN, and McALLISTER, Circuit Judges.
This case came on to be heard upon the record, briefs, and argument of counsel; and it appearing that the only question presented relates to the sufficiency of the evidence, and that no motion was made for a directed verdict at the conclusion of all the evidence; and it appearing that this court will not consider the sufficiency of the evidence unless it is satisfied that there has been a miscarriage of justice (Roney v. United States, 6 Cir., 37 F.2d 341); and it also appearing from the record that the evidence amply supports the verdict and judgment and that no injustice has been done:
It is ordered, adjudged and decreed that the judgment be, and it hereby is, affirmed.