Sherman Minton

“ Since the Government failed to make out a prima facie case, he claims that he is entitled to a judgment of acquittal because the trial court is required by Rule 29 to enter such judgment on proper motion where it finds the evidence insufficient to sustain a verdict. Petitioner contends in the alternative that Rule 29 applies to the Courts of Appeals, and that the Court of Appeals was itself compelled by the Rule to give a judgment of acquittal when it decided that the evidence was insufficient to sustain the conviction. ”

“ The extent of the power of federal appellate courts to enter judgment when reversing and remanding cases arising in the lower federal courts has been defined by statutes from the inception of our system of courts. By the Judiciary Act of September 24, 1789, 1 Stat. 85, the Supreme Court was given statutory authority, upon review of a District Court judgment, to order such further proceedings 'as the district court should have rendered or passed.' See Ballew v. ”

“ Montgomery, 284 U.S. 547, 550, 52 S.Ct. 215, 216, 76 L.Ed. 518; Ballew v. United States, 160 U.S. 187, 201-202, 16 S.Ct. 263, 268-269, 40 L.Ed. 388; Equitable Life Assur. Soc. v. Mercantile Commerce Bank & Trust Co., 8 Cir., 143 F.2d 397, 405; United States v. ”