Opinion
No. 7785.
Submitted November 18, 1941.
Decided November 21, 1941. Rehearing Denied December 17, 1941.
Appeal from the District Court of the United States for the Western District of Pennsylvania; Frederic P. Schoonmaker, Judge.
Joseph Murphy was convicted of offenses, and he appeals.
Affirmed.
Joseph A. Rossi, of Pittsburgh, Pa., for appellant.
Premo J. Columbus, of Pittsburgh, Pa. (Charles F. Uhl, U.S. Atty., of Pittsburgh, Pa., on the brief), for appellee.
Before CLARK and JONES, Circuit Judges, and GIBSON, District Judge.
The appellant failed to show that the evidence adduced at trial was insufficient to support the jury's verdict of guilt as to the first, second, third, fifth, seventh and ninth counts of the indictment, any one of the offenses therein charged, except for the ninth count, alone being sufficient to support the general sentence imposed by the court. The presumption of law is that the court sentenced for the defendant's guilt of the sustained counts. Pierce et al. v. United States, 252 U.S. 239, 252, 253, 40 S.Ct. 205, 64 L.Ed. 542; Evans v. United States (No. 2), 153 U.S. 608, 609, 14 S.Ct. 939, 38 L.Ed. 839; Claassen v. United States, 142 U.S. 140, 146, 147, 12 S.Ct. 169, 35 L.Ed. 966.