MATHEWS, Circuit Judge.
Appellant and seven others were indicted in the District Court of the United States for the Northern District of California on May 18, 1939. Appellant demurred to the indictment on the ground that it did not charge an offense against the United States. The demurrer was overruled and appellant excepted. Thereafter appellant pleaded not guilty, was tried, convicted and sentenced and has appealed, assigning as error the overruling of his demurrer...
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