# Hopper v. United States

> Court of Appeals for the Ninth Circuit · December 6, 1943 · 142 F.2d 181

URL: https://www.frixlaw.com/law-library/cases/9651743

## Case

- **Full name:** Hopper v. United States
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** December 6, 1943
- **Citations:** 142 F.2d 181; 1943 U.S. App. LEXIS 2141
- **Precedential status:** Published
- **Opinion:** Concurrence by Mathews
- **Judges:** Denman, Wilbur, Garrecht, Den-Man, Mathews, Stephens, Healy
- **Cited by:** 38 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9651743

## Opinion text

MATHEWS, Circuit Judge
(concurring in the result).
Appellant was indicted for violating § 11 of the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix, § 311, and moved to quash the indictment. The motion was denied. Appellant pleaded not guilty and was tried. At the close of appellee’s evidence, appellant moved for a directed verdict. The motion was denied. Thereafter appellant introduced evidence, the case went to the jury, and appellant was convicted, was sentenced and has appealed.
Twelve alleged errors are assigned. Assignment 1 is that the trial court erred in denying appellant’s motion to quash the indictment. The denial of such a motion is not reviewable. 1
Assignments 2-11 are that the trial court erred in admitting evidence. These assignments do not, as required by Rule 2(b) of our rules governing criminal appeals, “quote * * * the full substance of the evidence admitted.” Hence these assignments need not be considered. 2
Assignment 12 is that the trial court erred in denying appellant’s motion for a directed verdict at the close of appellee’s *187 evidence. Appellant waived the motion by-introducing evidence in his own behalf. 3
The judgment should be affirmed.
Ramirez v. United States, 9 Cir., 23 F.2d 788, 789 ; Johnson v. United States, 9 Cir., 59 F.2d 42, 44 ; Sutton v. United States, 9 Cir., 79 F.2d 863, 864 .
Wheeler v. United States, 9 Cir., 77 F.2d 216, 218 ; Levine v. United States, 9 Cir., 79 F.2d 364, 367 ; Muyres v. United States, 9 Cir., 89 F.2d 783 ; Levey v. United States, 9 Cir., 92 F.2d 688, 692 ; Waggoner v. United States, 9 Cir., 113 F.2d 867, 868 ; Utley v. United States, 9 Cir., 115 F.2d 117, 119 .
Baldwin v. United States, 9 Cir., 72 F.2d 810, 812 ; Sheridan v. United States, 9 Cir., 112 F.2d 503, 504 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9651743. Public record. Not legal advice.