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UNITED STATES v. KISSEL

No. 390.

218 U.S. 601 (1910)

UNITED STATES v. KISSEL AND HARNED.

Supreme Court of United States.

Decided December 12, 1910.

Attorney(s) appearing for the Case

Mr. Assistant Attorney General Fowler for the United States. A brief which had been prepared by the late Mr. Solicitor General Bowers was filed for the United States.

Mr. Leavitt J. Hunt and Mr. Geo. W. Betts, Jr., filed a brief for defendant in error, Harned. Mr. Joseph H. Choate and Mr. William D. Guthrie, with whom Mr. Howard S. Gans and Mr. William C. Osborn were on the brief, for the defendant, Kissel, in error.

Mr. Joseph H. Choate, Mr. DeLancy Nicoll, Mr. John M. Bowers and Mr. John D. Lindsay submitted a brief by leave of the court on behalf of certain parties joined with defendants in error in this prosecution.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is a writ of error brought by the United States to reverse a judgment of the Circuit Court sustaining pleas in bar pleaded to an indictment by the defendants in error. 173 Fed. Rep. 823. The first count of the indictment alleges that the defendants in error and others named, on December 30, 1903, and from that day until the day of presenting the indictment (July...

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