BANTA v. UNITED STATES

No. 4734.

12 F.2d 765 (1926)

BANTA et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit

Rehearing Denied June 21, 1926.


Attorney(s) appearing for the Case

Thomas A. Flynn and Joseph E. Morrison, both of Phœnix, Ariz., for plaintiff in error Banta.

Geo. T. Wilson, Asst. U. S. Atty., of Phœnix, Ariz.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.


GILBERT, Circuit Judge.

This case presents the single question whether the indictment under which the plaintiffs in error were convicted contains averments sufficient to sustain the judgment. No demurrer or motion was interposed, and no application was made for a bill of particulars. The objection made to the admission of testimony was insufficient to challenge the indictment. Gray v. United States (C. C. A.) 9 F.2d 337. The motion...

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