CRAIG v. UNITED STATES

No. 4350.

5 F.2d 275 (1925)

CRAIG v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

April 9, 1925.


Attorney(s) appearing for the Case

Sterling M. Wood, of Billings, Mont., for plaintiff in error.

John L. Slattery, U. S. Atty., and W. H. Meigs, Asst. U. S. Atty., both of Helena, Mont., and Francis A. Silver, Asst. U. S. Atty., of Butte, Mont., for defendant in error.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.


RUDKIN, Circuit Judge.

The indictment in this case contained eight counts. The court withdrew the even numbered counts from the consideration of the jury and the latter returned a verdict of guilty as to count 1, but not guilty as to counts 3, 5, and 7. The first count was based on section 5209 of the Revised Statutes, as amended by the Act of September 26, 1918 (40 Stat. 972 [Comp. St. Ann. Supp. 1919, § 9772]). The section as amended provides that any officer...

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