Edward Wanzer v. United States

208 F.2d 45, 93 U.S. App. D.C. 412, 1953 U.S. App. LEXIS 3017

• Court: Court of Appeals for the D.C. Circuit
• Decided: November 5, 1953
• Docket: 11584_1
• Status: Published

Opinion

PER CURIAM.

Appellant was convicted in a jury trial on two counts of an indictment. Sentences were imposed on each count to run concurrently. We find no merit in appellant’s objection to the trial court’s refusal to direct acquittal on the first count charging promotion of a numbers game in violation of 22 D.C.Code § 1501 (1951). Hence we need not consider appellant’s objection to the conviction on the second count charging possession of numbers slips in violation of 22 D.C. Code § 1502 (1951) since the sentence imposed for conviction on that count is less than the sentence imposed on the first count. 1

Affirmed.

1 . Hirabayashi v. United States, 1943, 320 U.S. 81, 85, 63 S.Ct. 1375, 87 L.Ed. 1774; Kinnison v. United States, 1946, 81 U.S. App.D.C. 312, 158 F.2d 403, certiorari denied 1947, 330 U.S. 834, 67 S.Ct. 966, 91 L.Ed. 1281.