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ORSATTI v. UNITED STATES

No. 4289.

3 F.2d 778 (1925)

ORSATTI v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied March 9, 1925.

Attorney(s) appearing for the Case

Marshall B. Woodworth, of San Francisco, Cal., and W. I. Gilbert and Robert O'Connor, both of Los Angeles, Cal., for plaintiff in error.

Joseph C. Burke, U. S. Atty., and Mark L. Herron, Asst. U. S. Atty., both of Los Angeles, Cal.

Before GILBERT, ROSS, and RUDKIN, Circuit Judges.

ROSS, Circuit Judge.

The indictment in this case was against the plaintiff in error and one J. R. Johnson. In all it contains 21 counts. Johnson pleaded guilty, and the plaintiff in error not guilty, and was found guilty under all of them.

In substance, the first count alleged that June 5, 1922, Harold H. Dolley was duly appointed by the Commissioner of Internal Revenue an officer of the United States, to wit, as one of his assistants, known and designated...

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