Court of Appeals for the D.C. Circuit May 5, 1908, No. 1813 (Smith v. Ross)

Mr. Justice Van Orsdel

delivered the opinion of the Court:

Appellant presents the following assignments of error:

“The court below erred as follows:

“1. In overruling defendant’s objection to swearing the jury, and in proceeding with the trial of the case.

“2. In refusing to grant defendant’s first prayer.

“3. In refusing to grant defendant’s second prayer.

“4.