
    No. 681
    WESTFALL, et v. UNITED STATES
    U. S. Appeals, 6th Circuit
    Nos. 4116-4118.
    Decided Dec. 2, 1924
    288. CONSPIRACY—Evidence tending to show is relevant, even though but one act be alleged.
    70. AMENDMENTS —In Judicial Code (Comp. St. Aun. Supp. 1919 Sec. 1246) authorizing reversal for miscarriage of justice, held not to remove necessity for ruling by court below upon a point before it can be raised on review.
    1 Attorneys—Nicholas, Morill, ¡Stewart, & Gin-'ter‘(foF'-^es;fcfall ,.et; A.1 Lee BelaLty, Ásst¡!U.¡ 'i&fcrdBjiSUÍ S.; ’all^ of''Cihcinnati. 11 1 '1 ' ’’
   PER CURIAM.

Ella Westfall, Jessie Mersel and Nellie Tan-sey were convicted of conspiracy in the District Court of the Western Division of the South District of Ohio and they severally bring error. Complaint is made that evidence was received of overt acts other than those specified in the indictment. They also claim that for lack of necessary proof, a verdict of acquittal should have been directed.

The Court fo Appeals held:

1. The record shows no motion for a directed verdict or any objection or exception raising that point. Section 269 of the Judicial Code as amended was not intended to promote reversals by removing the necessity for any ruling on a point before it can be raised for review, but that, just as before the amendment, we reverse only where it appears that there has been plain vital error indicating a miscarriage of justice in the result. Robilio v. U. S., 291 Fed. 975, 980.

2. Evidence of any act tending to show conspiracy was relevant, though ‘only ;one act! need be alleged. - Judgment in each, case af-. firmed.  