DELL'AIRA v. UNITED STATES

No. 4612.

10 F.2d 102 (1926)

DELL'AIRA v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

January 18, 1926.


Attorney(s) appearing for the Case

John J. Taaffe and Jos. L. Taaffe, both of San Francisco, Cal., for plaintiff in error.

George J. Hatfield, U. S. Atty., and T. J. Sheridan, Asst. U. S. Atty., both of San Francisco, Cal.

Before GILBERT, HUNT, and McCAMANT, Circuit Judges.


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

A demurrer was interposed to each count of the indictment for its failure to charge that the bill of lading referred to therein was issued by a common carrier. Act Aug. 29, 1916, 39 Stat. 538, under which the indictment was had, begins with the enactment "that bills of lading issued by any common carrier for the transportation of goods in any territory of the United States, or the District of Columbia, * ...

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