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Opinion

c31:No. 8316

U.S. Court of Appeals for the Ninth Circuit · 1972-04-06

· GavelSight synced 2026-09-06 03:23:20

MATHEWS, Circuit Judge
(concurring in part).
I concur in the result and, except as indicated below, agree with what is said in the main opinion.
Four assignments of error, numbered 19, 21, 24, and 39, are to the admission of evidence concerning telephone conversations and dealings with Guardian Securities Corporation. These assignments do not state the full substance of the evidence referred to, as required by our rule 11.
Assignment 20 states that the trial court “repeatedly erred” in directing the prosecution and suggesting to government counsel questions which should be asked of the various witnesses, but cites no specific instance thereof. Assignment 47 is to the admission of testimony of a post office inspector concerning statements made to him by appellant at the time of appellant’s arrest. This assignment complains of six distinct rulings of the trial court, to each of which an exception was taken. Both assignments (20 and 47) violate our rule 11, which requires assigned errors to be set out separately and particularly.
For the reasons indicated, assignments 19, 20, 21, 24, 39, and 47.should be disregarded, and the questions thereby attempted to be raised should not be considered or decided.

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