
    Eugene F. BINKLEY, Appellant, v. UNITED STATES, Appellee.
    No. 8621.
    Circuit Court of Appeals, Sixth Circuit.
    Dec. 11, 1940.
    McLane & Bates, of Nashville, Tenn., and Charles Embry, of Nashville, Tenn., for appellant.
    Horace Frierson, Jr., and O. W. Hughes, both of Nashville, Tenn., for appellee.
    Before SIMONS, ALLEN, and HAMILTON, Circuit Judges.
   PER CURIAM.

Upon consideration of the record in the above cause, the court is of the opinion that it does not disclose substantial .evidence to sustain the submission of an issue to a jury with respect to the guilt of the defendant, and that the motion for directed verdict, made on behalf of the defendant, should have been granted.

Wherefore, the judgment is reversed and the cause remanded for new trial.  