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UNITED STATES v. BARBER

No. 444.

219 U.S. 72 (1911)

UNITED STATES v. BARBER.

Supreme Court of United States.

Decided January 3, 1911.

Attorney(s) appearing for the Case

Mr. Assistant Attorney General Fowler for the United States.

Mr. C.T. Bundy, with whom Mr. James H. Hawley, Mr. A.A. Fraser, Mr. N.H. Clapp, Mr. A.E. McCartney, Mr. Joseph G. Dudley and Mr. Roy P. Wilcox were on the brief, for defendants in error.

MR. CHIEF JUSTICE WHITE delivered the opinion of the court.

On April 14, 1908, in the District Court of the United States for the District of Idaho, an indictment was returned, which, in four counts, charged James T. Barber, Sumner G. Moon, Frank Martin and Albert E. Palmer with having violated the conspiracy section of the Revised Statutes, viz., § 5440. In the court below Frank Martin was dismissed from the indictment...

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