UNITED STATES v. EISENMINGER

No. 28.

16 F.2d 816 (1926)

UNITED STATES v. EISENMINGER et al.

District Court, D. Delaware.

December 7, 1926.


Attorney(s) appearing for the Case

David J. Reinhardt, U. S. Atty., of Wilmington, Del.

Charles F. Curley, of Wilmington, Del., for defendant Eisenminger.

J. Paul McElree, of West Chester, Pa., for defendant Banning.

Philip L. Garrett, of Wilmington, Del., for defendant Olivere.

Wilbur L. Adams, of Wilmington, Del., for defendant Drzewicki.

John W. Huxley, Jr., of Wilmington, Del., for defendant Green.


MORRIS, District Judge.

To the three counts of an indictment, each charging conspiracy, found against 23 persons, the defendants have demurred. The primary objections advanced against the first count are that, notwithstanding section 37 of the federal Criminal Code (Comp. St. § 10201), upon which the counts are based, provides, "If two or more persons conspire * * * to commit any offense against the United States, * * * and one or more of such parties do any...

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