James Clark McReynolds

“ In the District Court, Western District of Washington, the petitioner was convicted of violating section 215, Criminal Code, 18 U.S.C.A. § 338, by using the mails for fraudulent purposes. He appealed to the Circuit Court of Appeals, Ninth Circuit, and filed August 14, 1936-forty assignments of error. The judgment of conviction was affirmed March 6, 1937, upon an opinion, 9 Cir., 88 F.2d 591, 594, which, among other things, states: 'Twenty-eight assignments (numbered 5, 9 to 25, inclusive, and 31 to 40, inclusive) are to the admission of and refusal to strike out evidence. ”

“ We do not pass upon the merits of any assignment and decide only that some, if not all, of them were improperly rejected.
The challenged judgment must be reversed. The cause will be remanded to the Circuit Court of Appeals for further proceedings in harmony with this opinion. ”

“ Its admission was not necessary to clarify 76-A and it was not related to 76-B.'
We think this assignment adequately met the applicable requirements of rule 11. Clearly, it quoted the full substance of the evidence admitted and was definite enough to enable both court and opposing counsel readily to perceive the point intended to be relied on. Seaboard Air Line Ry. Co. v. Watson, 287 U.S. 86, 91, 53 S.Ct. 32, 34, 87 L.Ed. 180, 86 A.L.R. 174.
Other assignments also seem sufficiently definite and formal to demand consideration. ”