United States Supreme Court Cases & Opinions

U.S. Supreme Court

Lonegran v. United States, 303 U.S. 33 (1938)

Lonegran v. United States

No 121

Argued January 10, 1938

Decided January 31, 1938

303 U.S. 33

Syllabus

An appellant to the Circuit Court of Appeals has a right to rely upon the rules of that court, properly construed, which govern his assignments of error, and cannot be prejudiced by additions to the requirements made by amendment of the rules between the appeal and the decision of the case. P. 303 U. S. 35.

Rule 11 of the Circuit Court of Appeals for the Ninth Circuit, before its recent amendment, provided:

"When the error alleged is to the admission or the rejection of evidence, the assignment of errors shall quote the full substance of the evidence admitted or rejected."

Held that it was satisfied by some, if not all, of 28 assignments which that court rejected in this case.

88 F.2d 591 reversed.

Certiorari, 302 U.S. 663, to review affirmance of a conviction in a criminal case.