Page:Federal Reporter, 1st Series, Volume 1.djvu/221

UNITED STATES V. EIBBUSCH. 213 �The plaintiff can take sueh action on his judgment, for the allowance of the same by the state court, as he may be ad- vised. ���United States v. Biebusch. (Circuit Court, E. D Missouri. .) �PlîACTTCE — RuiiINGS OP DlSTHICT JUDGE "WlIEN HOIjDIÎîG THE CIRCUIT �Court — When Reyiewablb by Circuit Judgb. — It is well settled in flie eiglith circuit that the riilings of the district judge, while holding tlic circuit court, are not subject to review in the same coui-t, by the cir- cuit judge or justice, and the circuit judge will onlysit to licar motions for new trials in cases tried in his absence, when the district judge se desires and roquests it. �lïTDICTMENT — WlTIIDRAWAL OP CoUNT — EVIDENCE. — TllC willldl-n Wal Of �a count in an indiclment does not render the evidence olïered incom- petent, so far as it is legally applicable to tue counts of the indictment not wilhdrawn. �Same — JÎ'HAUDUiiENT Sai.k — Fii.vudui.ekï Pos>-essk)>; — ICvroEXCE. — Evi- dence of a fraudulcnl sale is competent to support a cliai-ge of fraudu- lent possession under a count in an indicLniont. �WiTHESs — Infamy — Pkoop op Cosvicïion. — Conviction of an infamous crime must l)e shown l)y the record, and does not aflcet the corapetency of the testimony of a witness. �Judgment — Attestation op Record — Rev. St. } '905 — OEiiTuncATE. — The record of a judgment in the state of Illinois is not ad:;iissible m evi- dence in the circuitcourt of Missouri unless attested iti uceordancewith section 109 of the Hev. St. and (hily certified. �WiïNEss — Infamy — Coxpikmation op Testimony. — Evidence is admis- sible in contirmation of the testimony of a jierson who lias been convicted of an infamous crime, in snch and so many parts of his narrative as may satisfy the jury that hc lias told the trnUi, bnt should not, perhaps, be extendcd to such acts in the narrative as are generally vveli kuown. �Motion for a new trial before the circuit judge, in an indict- ment tried by the district judge while holding the circuit court in the absence of the circuit judge. �Indictment. Motion for new trial. �McCr.AEY, J. In this case and one other I have at this time heard, with the district judge, motions for new trials in cases tried before him when holding alone the circuit court. I have doue so at his request, and only for the purpose of ��� �