United States v. Atkinson, 297 U.S. 157 (1936). · Go Syfert
United States v. Atkinson, 297 U.S. 157 (1936). Cases Citing This Book View Copy Cite
4,412 citation events (1,724 in the last 25 years) across 96 distinct courts.
Strongest positive: United States v. Pinon-Saldana (ca5, 2022-08-09) · Strongest negative: The PEOPLE of the State of Colorado, Plaintiff-Appellee,v.Thomas Dean TILLERY (coloctapp, 2009-11-19)
Treatment trajectory · 1936 → 2026 · click a year to view as-of
1936 1981 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited "but see" The PEOPLE of the State of Colorado, Plaintiff-Appellee,v.Thomas Dean TILLERY (3×)
Colo. Ct. App. · 2009 · signal: but see · confidence high
See Griego, 19 P.3d at 7 (structural errors are not amenable to plain error review); Bogdanov v. People, 941 P.2d 247, 252-53 (Colo.1997) (“Structural errors are not amenable to either a harmless error or a plain error analysis because such errors affect ‘the framework within which the trial proceeds,’ and are not errors in the trial process itself.” (quoting Fulminante, 499 U.S. at 310 , 111 S.Ct. 1246 )), overruled on other grounds by Griego, 19 P.3d at 7-8 ; People v. Jimenez, 217 P.3d 841, 868 (Colo.App.2008) (“If an error is structural, it is not susceptible of harmless error or…
examined Cited "but see" People v. Tillery (6×)
Colo. Ct. App. · 2009 · signal: but see · confidence high
See Griego, 19 P.3d at 7 (structural errors are not amenable to plain error review); Bogdanov v. People, 941 P.2d 247, 252-53 (Colo.1997) ("Structural errors are not amenable to either a harmless error or a plain error analysis because such errors affect 'the framework within which the trial proceeds, and are not errors in the trial process itself" (quoting Fulminante, 499 U.S. at 310 , 111 S.Ct. 1246 )), overruled on other grounds by Griego, 19 P.3d at 7-8 ; People v. Jimenez, 217 P.3d 841, 868 (Colo.App.2008) ("If an error is structural, it is not susceptible of harmless error or plain error…
examined Cited "but see" Timothy Willie Sweetwine v. State of Maryland and the Warden of the Maryland House of Correction (6×)
4th Cir. · 1985 · signal: but see · confidence high
Cf. Carducci v. Regan, 714 F.2d 171, 177 (D.C.Cir.1983); but see United States v. Atkinson, 297 U.S. 157, 160 , 56 S.Ct. 391, 392 , 80 L.Ed. 555 (1936) ("In exceptional circumstances, especially in criminal cases, appellate courts, in the public interest, may, of their own motion, notice errors to which no exception has been taken, if the errors are obvious, or if they otherwise seriously affect the fairness, integrity or public reputation of judicial proceedings."). .
discussed Cited as authority (verbatim quote) United States v. Pinon-Saldana
5th Cir. · 2022 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
where plain error is apparent, the issue may be raised sua sponte by this court even though it is not assigned or specified.
examined Cited as authority (verbatim quote) United States v. Adrian Pena
5th Cir. · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
in exceptional circumstances, . . . appellate courts, in the 25 case: 11-50482 document: 00512279158 page: 26 date filed: 06/18/2013 no. 11-50482 cons. w/ 11-50484 public interest, may . . . notice errors to which no exception has been taken
examined Cited as authority (quoted) United States v. Adrian Pena (3×)
5th Cir. · 2013 · signal: see · quote attribution · 3 verbatim quotes · confidence high
in exceptional circumstances, ... appellate courts, in the public interest, may ... notice er 577 rors to which no exception has been taken
examined Cited as authority (quoted) Farm Bureau Life Insurance v. American National Insurance (3×)
10th Cir. · 2011 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
the government failed to question the correctness of instructions either by exception or request to charge.... the verdict of a jury will not ordinarily be set aside for error not brought to the attention of the trial court.
examined Cited as authority (quoted) State v. Taylor (3×) also: Cited "see"
Ariz. Ct. App. · 1996 · signal: see · quote attribution · 2 verbatim quotes · confidence high
in exceptional circumstances ... appellate courts ... may, of their own motion, notice errors to which no exception has been taken, if the errors are obvious, or if they otherwise seriously affect the fairness, integrity, or public reputation of judicial proceedings.
examined Cited as authority (quoted) United States v. Santos Jesus Martinez-Torres, United States of America v. Luis Alfredo Martinez-Torres, United States of America v. Epifanio Martinez-Torres, A/K/A \Fanny (3×)
unknown court · 1990 · signal: see, e.g. · quote attribution · 3 verbatim quotes · confidence low
seriously affect the fairness, integrity, or public reputation of judicial proceedings
examined Cited as authority (quoted) United States v. Martinez-Torres (3×)
unknown court · 1990 · signal: see, e.g. · quote attribution · 3 verbatim quotes · confidence low
seriously affectfs the fairness, integrity, or public reputation of judicial proceedings
discussed Cited as authority (rule) United States v. RosarioMartinez
C.A.A.F. · 2026 · confidence medium
An appellate court cannot always be expected to refrain from correcting unraised errors “if the errors are obvious, or if they otherwise seriously affect the fairness, integrity, or public reputation of judicial proceed- ings.” United States v. Atkinson, 297 U.S. 157, 160 (1936).
discussed Cited as authority (rule) State v. Richard Alexander Murdaugh
S.C. · 2026 · confidence medium
See Phillips, 455 U.S. at 218 ("Of equal importance, this case is a federal habeas action in which [the trial court's] findings are presumptively correct under 28 U.S.C. § 2254 (d)."); Olano, 507 U.S. at 730 (applying plain error standard because Olano did not object to the alternate jurors' presence in the jury room); Olano, 507 U.S. 736 ("The Court of Appeals should correct a plain forfeited error affecting substantial rights if the error 'seriously affect[s] the fairness, integrity or public reputation of judicial proceedings.'" (alteration in original) (quoting United States v. Atkinson, …
discussed Cited as authority (rule) United States v. Nasruddin
5th Cir. · 2026 · confidence medium
When these first three requirements are satisfied, we exercise our discretion to remedy an error if it “seriously affect[s] the fairness, integrity[,] or public reputation of judicial proceedings.” Id. (alteration in original) (quoting United States v. Atkinson, 297 U.S. 157, 160 (1936)).
cited Cited as authority (rule) United States v. Jerone Holman
4th Cir. · 2026 · confidence medium
United States v. Atkinson, 297 U.S. 157, 160 (1936).
discussed Cited as authority (rule) United States v. Nicole Schuster
3rd Cir. · 2026 · confidence medium
See United States v. Yung, 37 F.4th 70, 82 (3d Cir. 2022) (observing that a defendant’s purported “waive[r] [of] his right to appeal a conviction for acts that are not a crime” would constitute “executive branch . . . intru[sion] upon the legislature’s power” and will not be enforced by the courts); United States v. Castro, 704 F.3d 125, 137-38 (3d Cir. 2013) (noting that, where the record is devoid of evidence of factual guilt, enforcing “an appellate waiver . . . grounded on a claim of insufficiency of evidence [would] amount[] to a miscarriage of justice”); United States v. …
cited Cited as authority (rule) United States v. Kalantari
9th Cir. · 2026 · confidence medium
Finally, this instructional error “seriously affect[ed] the fairness, integrity or public reputation of judicial proceedings.” United States v. Atkinson, 297 U.S. 157, 160 (1936).
discussed Cited as authority (rule) United States v. Pettit
5th Cir. · 2026 · confidence medium
When these first three requirements are satisfied, this court exercises its discretion to remedy an error if it “seriously affect[s] the fairness, integrity[,] or public reputation of judicial proceedings.” Id. (alteration in original) (quoting United States v. Atkinson, 297 U.S. 157, 160 (1936)).
discussed Cited as authority (rule) United States v. Nicole Schuster
3rd Cir. · 2026 · confidence medium
See United States v. Yung, 37 F.4th 70, 82 (3d Cir. 2022) (observing that a defendant’s purported “waive[r] [of] his right to appeal a conviction for acts that are not a crime” would constitute “executive branch . . . intru[sion] upon the legislature’s power” and will not be enforced by the courts); United States v. Castro, 704 F.3d 125, 137-38 (3d Cir. 2013) (noting that, where the record is devoid of evidence of factual guilt, enforcing “an appellate waiver . . . grounded on a claim of insufficiency of evidence [would] amount[] to a miscarriage of justice”); United States v. …
cited Cited as authority (rule) United States v. Joe'Veon Penson Willis
6th Cir. · 2025 · confidence medium
United States v. Atkinson, 297 U.S. 157, 160 (1936); see Rosales-Mireles v. United States, 585 U.S. 129 , 141–42 (2018).
discussed Cited as authority (rule) United States v. Silva
9th Cir. · 2025 · confidence medium
Even assuming the district court’s failure to strike Officer Nicasio’s testimony as hearsay qualifies 3 24-3226 as “plain error,” Silva has not demonstrated that this error affected his substantial rights, nor that it “seriously affect[ed] the fairness, integrity or public reputation of judicial proceedings.” United States v. Olano, 507 U.S. 725, 736 (1993) (quoting United States v. Atkinson, 297 U.S. 157, 160 (1936)).
discussed Cited as authority (rule) United States v. Amber Wise
6th Cir. · 2025 · confidence medium
Second, Kelli’s texts did not “seriously affect[] the fairness, integrity or public reputation of judicial proceedings.” United States v. Olano, 507 U.S. 725, 736 (1993) (quoting United States v. Atkinson, 297 U.S. 157, 160 (1936)).
discussed Cited as authority (rule) Cleveland v. King
Ohio Ct. App. · 2025 · confidence medium
Plain error should be noticed and corrected only “if the error ‘seriously affect[s] the fairness, integrity or public reputation of judicial proceedings’[.]” Id., quoting United States v. Atkinson, 297 U.S. 157, 160 (1936).
discussed Cited as authority (rule) United States v. James Perrin
3rd Cir. · 2025 · confidence medium
Moreover, in analyzing the fourth prong of plain error review, this Court may view the alleged error “against the entire record” when deciding whether it “seriously affect[ed] the fairness, integrity or public reputation of judicial proceedings.” Young, 470 U.S. at 15–16 (quoting United States v. Atkinson, 297 U.S. 157, 160 (1936)).
discussed Cited as authority (rule) State v. Dodridge
Ohio Ct. App. · 2025 · confidence medium
A reviewing court should consider noticing plain error only if the error “ ‘ “seriously affect[s] the fairness, integrity or Lawrence App. No. 22CA19 39 public reputation of judicial proceedings.” ’ ” Barnes at 27, quoting United States v. Olano, 507 U.S. 725, 736 (1993), in turn quoting United States v. Atkinson, 297 U.S. 157, 160 (1936).
discussed Cited as authority (rule) United States v. Roberto Adams
D.C. Cir. · 2025 · confidence medium
The district court’s finding of prejudice is fully supported by the record and consistent with precedent. ***** For all those reasons, the district court properly concluded on this record that the third plain-error prong was met. 3 Having appropriately found that the first three prongs of plain-error analysis were met, the district court still had to determine whether the error “‘seriously affect[ed] the fairness, integrity or public reputation of judicial proceedings.’” Olano, 507 U.S. at 736 (quoting United States v. Atkinson, 297 U.S. 157, 160 (1936)).
discussed Cited as authority (rule) United States v. Rosario
5th Cir. · 2025 · confidence medium
“Fourth and finally, if the above three prongs are satisfied, [this court] has the discretion to remedy the error—discretion which ought to be exercised only if the error ‘seriously affect[s] the fairness, integrity or public reputation of judicial proceedings.”’ Puckett, 556 U.S. at 135 (alteration in original) (quoting Olano, 507 U.S. at 736 ) (quoting United States v. Atkinson, 297 U.S. 157, 160 (1936))).
discussed Cited as authority (rule) Wilkinson v. People of the VI
virginislands · 2025 · confidence medium
Thus, because these two phrases are interchangeable in this context, the Supreme Court’s analysis of the meaning and effect of the previous version of Rule 52(b) is equally applicable to the current, restyled version of the rule, and therefore equally applicable to the identical Virgin Islands rule as well '3 Indeed, as originally stated in United States v. Atkinson—the seminal decision in which the Supreme Court first articulated the plain error doctrine, and from which the language of Rule 52(b) is derived—the plain error doctrine was described as providing an exception to the general …
discussed Cited as authority (rule) United States v. Jones
5th Cir. · 2024 · confidence medium
Upon making such a showing, this court has the discretion to remedy the error only if it “seriously affect[s] the fairness, integrity, or public reputation of judicial proceedings.” United States v. Atkinson, 297 U.S. 157, 160 (1936).
discussed Cited as authority (rule) United States v. Walter Himmelreich (2×)
3rd Cir. · 2024 · confidence medium
If a party can show plain error, we may exercise our discretion to correct the error if it “seriously affect[ed] the fairness, integrity or public reputation of judicial proceedings.” Id. at 736 (quoting United States v. Atkinson, 297 U.S. 157, 160 (1936)). 5 supervised release be revoked; (2) confirmed that Himmelreich understood the nature of the proceeding and that he had a right to an evidentiary hearing; and (3) reviewed the conditions that were allegedly violated.
discussed Cited as authority (rule) IN THE MATTER OF V.J.R.
unknown court · 2024 · confidence medium
Co. v. Phillips</i>, <span> 1953 OK 381 </span><span> 265 P.2d 467 </span><i>Covel v. Rodriguez</i>, <span> 2012 OK 5 </span><span> 272 P.3d 705 </span><i>Sullivan v. Forty-Second West Corp.</i>, <span> 1998 OK 48 </span><span> 961 P.2d 801 </span><i>In re Estate of Speers</i>, <span> 2008 OK 16 </span><span> 179 P.3d 1265 </span><i>United States v. Atkinson</i>, 297 U.S. 157, 160 (1936))); <i>see also Jones</i>, <span> 2015 OK 36 </span><i>Rodriguez v. State</i> (<i>In re M.R.</i>), <span> 2024 OK 28 </span><span> 548 P.3d 120 </span><i>Farris v. Masquelier</i>, <span> 2022 OK 91 </span><span…
discussed Cited as authority (rule) IN THE MATTER OF V.J.R.
unknown court · 2024 · confidence medium
"Fundamental error is error that compromises the integrity of the proceeding to such a degree that the error has a substantial effect on the rights of one or more of the parties," thereby resulting in a "clear miscarriage of justice." Covel v. Rodriguez , 2012 OK 5, ¶ 10 , 272 P.3d 705, 710 (citing Sullivan v. Forty-Second West Corp. , 1998 OK 48, ¶ 7 , 961 P.2d 801, 803 ); In re Estate of Speers , 2008 OK 16 , ¶ 15 n.21, 179 P.3d 1265 , 1271 n.21 ("'In exceptional circumstances, especially in criminal cases, appellate courts, in the public interest, may, of their own motion, notice errors …
discussed Cited as authority (rule) IN THE MATTER OF V.J.R.
unknown court · 2024 · confidence medium
"Fundamental error is error that compromises the integrity of the proceeding to such a degree that the error has a substantial effect on the rights of one or more of the parties," thereby resulting in a "clear miscarriage of justice." Covel v. Rodriguez , 2012 OK 5, ¶ 10 , 272 P.3d 705, 710 (citing Sullivan v. Forty-Second West Corp. , 1998 OK 48, ¶ 7 , 961 P.2d 801, 803 ); In re Estate of Speers , 2008 OK 16 , ¶ 15 n.21, 179 P.3d 1265 , 1271 n.21 ("'In exceptional circumstances, especially in criminal cases, appellate courts, in the public interest, may, of their own motion, notice errors …
cited Cited as authority (rule) United States v. Parra
5th Cir. · 2024 · confidence medium
Reversal for plain error is warranted only in “exceptional circumstances.” United States v. Atkinson, 297 U.S. 157, 160 (1936).
discussed Cited as authority (rule) United States v. Kendra Kingsbury
8th Cir. · 2024 · confidence medium
“Satisfying all four prongs of the plain error test ‘is difficult’[,]” Greer v. United States, 593 U.S. 503, 508 (2021) (quoting Puckett v. United States, 556 U.S. 129, 135 (2009)), as we will only reverse if the other three prongs are met and the error “seriously affects the fairness, integrity or public reputation of judicial proceedings[,]” Puckett, 556 U.S. at 135 (cleaned up) (quoting United States v. Atkinson, 297 U.S. 157, 160 (1936)).
discussed Cited as authority (rule) United States v. Souleymane Fadiga
3rd Cir. · 2024 · confidence medium
If a party can show plain error, we may exercise our discretion to correct the error if it “seriously affect[ed] the fairness, integrity or public reputation of judicial proceedings.” Olano, 507 U.S. at 736 (quoting United States v. Atkinson, 297 U.S. 157, 160 (1936)). 7 any clear or obvious error under current Second Amendment law.
discussed Cited as authority (rule) United States v. Zebulon Marzette
7th Cir. · 2024 · confidence medium
Finally, if these criteria are satisfied, we have the discretion to remedy the error only if it “seriously affect[ed] the fairness, integrity, or public rep- utation of judicial proceedings.” Id. (citing United States v. At- kinson, 297 U.S. 157, 160 (1936)).
discussed Cited as authority (rule) United States v. Nicklaus Woodard
3rd Cir. · 2024 · confidence medium
We accord substantial deference to the District Court’s determination of sentence and will only reverse if (1) the court erred; (2) the error was plain; and (3) the error was “prejudicial,” affecting the defendant’s “substantial rights” in a way that “seriously affect[s] the fairness, integrity or public reputation of judicial proceedings.” United States v. Olano, 507 U.S. 725, 732-36 (1993) (quoting United States v. Atkinson, 297 U.S. 157, 160 (1936)); accord United States v. Vazquez, 271 F.3d 93, 99 (3d Cir. 2001) (en banc).
discussed Cited as authority (rule) Chew v. United States (2×) also: Cited "see, e.g."
D.C. · 2024 · confidence medium
Atkinson, 297 U.S. at 160 (recognizing that “in exceptional circumstances, especially in criminal cases, appellate courts, in the public interest, may, of their own motion, notice errors to which no exception has been taken, if the errors are obvious, or if they otherwise seriously affect the fairness, integrity, or public reputation of judicial proceedings”).
discussed Cited as authority (rule) Chew v. United States (2×) also: Cited "see, e.g."
D.C. · 2024 · confidence medium
Atkinson, 297 U.S. at 160 (recognizing that “in exceptional circumstances, especially in criminal cases, appellate courts, in the public interest, may, of their own motion, notice errors to which no exception has been taken, if the errors are obvious, or if they otherwise seriously affect the fairness, integrity, or public reputation of judicial proceedings”).
discussed Cited as authority (rule) Cruz v. Cervantez
5th Cir. · 2024 · confidence medium
Further, the district court’s error undoubtedly affected Cruz’s substantial rights and impacts the “fairness, integrity or public reputation of judicial proceedings.” Olano, 507 U.S. at 736 (“The Court of Appeals should correct a plain forfeited error affecting substantial rights if the error ‘seriously affect[s] the fairness, integrity or public reputation of judicial proceedings.’”) (quoting United States v. Atkinson, 297 U.S. 157, 160 (1936)).
discussed Cited as authority (rule) United States v. James Fithen, Jr.
8th Cir. · 2024 · confidence medium
Id. at 736 (“The Court of Appeals should correct a plain forfeited error affecting substantial rights if the error ‘seriously affect[s] the fairness, integrity, or public reputation of judicial proceedings.’” (quoting United States v. Atkinson, 297 U.S. 157, 160 (1936))).
discussed Cited as authority (rule) United States v. Robert Smith
3rd Cir. · 2023 · confidence medium
Satisfying all three prongs creates discretion to (4) “correct a plain forfeited error affecting substantial rights if the error ‘seriously affect[s] the fairness, integrity or public reputation of judicial proceedings.’” Id. at 736 (quoting United States v. Atkinson, 297 U.S. 157, 160 (1936)).
discussed Cited as authority (rule) United States v. Joseph Vezo
3rd Cir. · 2023 · confidence medium
If a party can show plain error, we may exercise our discretion to correct the error if the error “seriously affect[ed] the fairness, integrity or public reputation of judicial proceedings.” Id. at 736 (quoting United States v. Atkinson, 297 U.S. 157, 160 (1936)). 5 or address his right to question witnesses and present evidence, Fed.
discussed Cited as authority (rule) United States v. EtchisonBrown
5th Cir. · 2023 · confidence medium
If he makes those showings, we have discretion to the correct the error if it “seriously affects the fairness, integrity or public reputation of judicial proceedings.” Id. (alteration adopted) (quoting United States v. Atkinson, 297 U.S. 157, 160 (1936)).
discussed Cited as authority (rule) United States v. Jesus Briseno-Flores
3rd Cir. · 2023 · confidence medium
If a party can show plain error, we may exercise our discretion to correct the error if it “seriously affect[ed] the fairness, integrity or public reputation of judicial proceedings.” Id. at 736 (internal quotation marks omitted) (quoting United States v. Atkinson, 297 U.S. 157, 160 (1936)). 5 United States v. Schweitzer, 454 F.3d 197, 202-03 (3d Cir. 2006) (quoting Fed.
discussed Cited as authority (rule) United States v. Henry Martin Steiger
11th Cir. · 2023 · confidence medium
This rule, which “strictly circumscribe[s]” our review of unpreserved objections, Puckett, 556 U.S. at 134 , “is founded upon considerations of fairness to the court and to the parties and of the public interest in bringing litigation to an end after fair opportunity has been afforded to present all issues of law and fact,” United States v. Atkinson, 297 U.S. 157, 159 (1936).
discussed Cited as authority (rule) United States v. Smith
5th Cir. · 2023 · confidence medium
Upon making such a showing, this court has the discretion to remedy the error only if it “seriously affect[s] the fairness, integrity, or public reputation of judicial proceedings.” United States v. Atkinson, 297 U.S. 157, 160 (1936).
discussed Cited as authority (rule) United States v. Jaime Campos
8th Cir. · 2023 · confidence medium
While the court certainly has the power to sua sponte correct an error not raised by the parties, it should do so only in “exceptional circumstances,” United States v. Atkinson, 297 U.S. 157, 160 (1936), a standard which I do not believe is satisfied in this case. -24- sentence, and that the error seriously affects the fairness, integrity, or public reputation of the proceedings). ______________________________ -25-
discussed Cited as authority (rule) United States v. Capistrano
5th Cir. · 2023 · confidence medium
Nigh a century ago, the Supreme Court made clear that “[i]n exceptional circumstances, especially in criminal cases, appellate courts, in the public interest, may, of their own motion, notice errors to which no exception has been taken, if the errors are obvious, or if they otherwise seriously affect the fairness, integrity, or public reputation of judicial proceedings.” 9 Twenty-six and a half years later, the High Court reaffirmed that principle. 10 Since that pronouncement, our Court has taken that principle to heart, “recogniz[ing] an exception to” the general waiver rule “whereb…
examined Cited as authority (rule) State v. Allen (4×) also: Cited "see, e.g."
Ohio Ct. App. · 2023 · confidence medium
We see no error that “ ‘seriously affect[s] the fairness, integrity, or public reputation of judicial proceedings[.]’ ” Bailey quoting United States v. Atkinson, 297 U.S. 157, 160 (1936).
Retrieving the full opinion text from the archive…
United States
v.
Atkinson
265.
Supreme Court of the United States.
Feb 3, 1936.
297 U.S. 157
Mr. Will G. Beardslee, with whom Solicitor General Reed and Messrs. Wilbur C. Pickett, Fendall Marbury, and W. Marvin Smith were on the brief, for.the United States,, Mr. Warren E. Miller, with whom Mr. A. H. Culwell was on the brief, for respondent.
Stone.
Cited by 1,570 opinions  |  Published
5 passages pin-cited by 5 cases
Pinpoint authority: #18,580 of 633,719
Citer courts: Tenth Circuit (3) · Fifth Circuit (3) · Court of Appeals of Arizona (2)
Mr. Justice Stone

delivered the opinion of the Court.

This case was brought here on certiorari to review a determination of the Court of Appeals for the Fifth Circuit, said to be inconsistent with our decision in-Miller v. United States, 294 U. S. 435. The challenged holding is that there is statutory authority for including in contracts of United States government insurance (converted war' risk insurance) covering death or total permanent disability a provision that “the permanent loss of hearing of. both ears . . . shali be deemed'to be total disability.” The case was tried in the district court to a jury which rendered a verdict for the plaintiff, respondent here. Judgment in his favor was affirmed by the Circuit Court of Appeals for the Fifth Circuit, 76 F. (2d) 564, which held that the insertion in the policy of the quoted definition of total disability, pursuant to Veterans’ Administration Regulation, § 3122, was authorized by 43 Stat. 624, 1309, 38 U. S. C., § 512. [1]

The government, by its assignment of errors here, assails, as it did in the court below, the correctness of[*159] this ruling, but examination of the record discloses that no such objection was presented to the trial court. In consequence the government is precluded from raising the question on appeal.

The trial judge instructed the jury that respondent might recover either on the theory that his loss of hearing constituted in fact a permanent disability preventing his pursuit of any substantially gainful occupation, or that his loss of hearing of both ears, if permanent, was a permanent disability as defined by the policy. The jury was thus left free to return a verdict for respondent if it found that he had suffered permanent loss of hearing of both ears, regardless of its effect upon his ability to earn his livelihood. The government failed to question the correctness of these instructions either by exception or request to charge, and its motion for a directed verdict was upon other grounds not now material.

The verdict of a jury .will not ordinarily be set aside for error not brought to.the attention of the trial court. This practice is founded upon considerations of fairness to the court and to the parties and of the public interest in bringing litigation to an end after fair opportunity has been afforded to present all issues of law and fact. Beaver v. Taylor, 93 U. S. 46; Allis v. United States, 155 U. S. 117, 122, 123; United States v. United States Fidelity & Guaranty Co., 236 U. S. 512, 529; Guerini Stone Co. v. Carlin Construction Co., 248 U. S. 334, 348; Pennsylvania R. Co. v. Minds, 250 U. S. 368, 375; Burns v. United States, 274 U. S. 328, 336; see Shannon v. Shaffer Oil & Refining Co., 51 F. (2d) 878, 880. It is substantially that adopted by Rule 10, Subdivision 1, of the rules of the Court of Appeals for the Fifth Circuit, which requires the party excepting to the charge “to state distinctly the several mattérs of law” to which he excepts, and directs that “those matters of law, and those only, shall .be inserted in the bill of exceptions.”

[*160] In exceptional circumstances, especially in criminal cases, appellate courts, in the public interest, may, of their, own motion, notice errors to which no exception has been taken, if the errors are obvious, or if they otherwise seriously affect the fairness, integrity or public reputation of judicial proceedings. See New York Central R. Co. v. Johnson, 279 U. S. 310, 318; Brasfield v. United States, 272 U. S. 448, 450. But no such case is presented here. The judgment must be affirmed for the reason that the error assigned was not made the subject of appropriate exception or request to charge upon the trial.

Affirmed.

1

“§ 512. Not later than July 2, 1926, all term insurance held by persons who were in the military service after April 6, 19Í7, shah be converted, without medical examination, into such form or forms of insurance as may be prescribed by regulations and as the insured may request. Regulations shall provide for the right to convert into ordinary life, twenty-payment life, endowment maturing at age sixty-two, and into other usual forms of insurance, . . . Provisions for maturity at certain ages, for continuous installments during the life of the insured or beneficiaries, or both, for cash, loan, paid up and extended values, dividends from gains and savings, and such other provisions for the protection and advantage of and for alternative benefits to the insured and the beneficiaries as may be found to be reasonable and practicable, may be provided for in the contract of insurance, or from time to time by regulations. . . .”