 Glasser , Kretske , and Roth appealed to the United States Court of Appeals for the Seventh Circuit . Oral arguments were heard on October 17 before Judges William Morris Sparks , Walter Emanuel Treanor , and Otto Kerner , Sr. The Seventh Circuit , in an opinion by Judge Kerner , affirmed their convictions on December 13 , 1940 . " On oral argument the principal point stressed was that the evidence failed to sustain the verdict of the jury , although other points were raised in the briefs . " 
