JOHNSTON v. UNITED STATES

No. 4989.

22 F.2d 1 (1927)

JOHNSTON v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied November 28, 1927.


Attorney(s) appearing for the Case

W. G. McLaren and G. F. Vanderveer, both of Seattle, Wash., and N. D. Wernette, of Cœur d'Alene, Idaho, for plaintiff in error.

H. E. Ray, U. S. Atty., and Sam S. Griffin and W. H. Langroise, Asst. U. S. Attys., all of Boise, Idaho, and E. G. Davis, Sp. Asst. Atty. Gen., for the United States.

Before HUNT and RUDKIN, Circuit Judges, and BEAN, District Judge.


BEAN, District Judge.

The defendant was indicted, tried, and convicted for a violation of section 194 of the Penal Code (18 USCA § 317), and from the judgment which followed brings this appeal.

The alleged errors discussed at the argument and in the briefs consist in the overruling of a demurrer to the indictment, the admission of certain evidence, the instructions of the court concerning the same, and the refusal of the court to give a certain instruction...

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