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HAYNES v. UNITED STATES

Nos. 141, 261.

4 F.2d 889 (1925)

HAYNES et al. v. UNITED STATES. SCHOPP et al. v. SAME.

Circuit Court of Appeals, Second Circuit.

January 23, 1925.

Attorney(s) appearing for the Case

Joseph H. Wackerman, of Brooklyn, N. Y. (Vine H. Smith, of New York City, of counsel), for plaintiff in error Schopp.

James G. Moore, of New York City (Evarts L. Prentiss, of New York City, of counsel), for plaintiffs in error Haynes and Van Engelen.

Ralph C. Greene, U. S. Atty., of Brooklyn, N. Y. (William A. De Groot, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for the United States.

Before ROGERS, HOUGH, and LEARNED HAND, Circuit Judges.

HOUGH, Circuit Judge (after stating the facts as above).

Argument on the record above described brings before us nothing but some objection to the indictment that would have been good in arrest of judgment (Bishop, Crim. Proc. § 1368), even though as a pleading the indictment might have been open to demurrer, or even motion to quash, on grounds not available after verdict. It follows that the only question before us is whether plaintiffs in error are right in...

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