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UNITED STATES v. COHEN

July 29, 1947

UNITED STATES
v.
COHEN



The opinion of the court was delivered by: GOURLEY

The defendant, Nathan, Cohen, alias Larry Cohen, on the basis of an information filed by the Government, with approval of the Court, was tried and convicted for a violation of General Ration Order No. 8 and the Second War Powers Act as amended, 50 U.S.S.A.Appendix, § 633.

The provisions of the Second War Powers Act granting power to issue regulations making unlawful the possession of sugar ration coupons other than as prescribed in regulations did not constitute unconstitutional delegation of legislative power. Lotto v. United States, 8 Cir., 157 F.2d 623.

 The defendant has filed a motion for a new trial and motion in arrest of judgment, said motions setting forth as follows:

 'Motion for New Trial

 And now, to-wit, this 7th day of June, 1946, comes Nathan Cohen, by his attorney, Joseph A. Rossi, Esquire, and moves the Court for a new trial in the above entitled case for the following reasons:

 1. The verdict is against the evidence.

 2. The verdict is against the law.

 3. The verdict is against the weight of the law and the evidence.

 4. The Court erred in refusing to grant instructions of acquittal at the termination of the government's case.

 And for other reasons which the defendant will assign after the transcription of the testimony heard in this case.'

 'Motion in Arrest of Judgment

 And now, to-wit, this 7th day of June, 1946, comes the defendant, Nathan Cohen, by his attorney, Joseph A. Rossi, Esquire, and moves the Court to arrest the judgment in the above entitled case for the following reasons:

 1. That the verdict is against the evidence.

 2. That the verdict is against the law.

 3. That the verdict is against the weight of the law and ...


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