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MILLER v. UNITED STATES

No. 144.

24 F.2d 353 (1928)

MILLER v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

February 6, 1928.

Attorney(s) appearing for the Case

George Winship Taylor, of New York City (Samuel Seabury and Robert S. Johnstone, both of New York City, of counsel), for plaintiff in error.

Charles H. Tuttle, U. S. Atty., of New York City (David W. Peck, of New York City, of counsel), for the United States.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

MANTON, Circuit Judge.

The plaintiff in error and another were tried jointly for a conspiracy alleged to have existed between January 1 and December 31, 1921, wherein and whereby they conspired with others named in the indictment "to defraud the United States, of and concerning its governmental functions and rights hereinafter described, to wit, of and concerning its function of administering said properties and trusts above described as the same should properly have...

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