Henry v. United States

• Citation: 15 F.2d 624
• Decision Date: 15 November 1926
• Docket Number: No. 4957.,4957.
• Parties: HENRY et al. v. UNITED STATES.
• Court: United States Courts of Appeals. United States Court of Appeals (9th Circuit)

15 F.2d 624 (1926)

HENRY et al. v. UNITED STATES.^*

No. 4957.

Circuit Court of Appeals, Ninth Circuit.

November 15, 1926.

Buel R. Wood, of Los Angeles, Cal., for plaintiffs in error.

Samuel W. McNabb, U. S. Atty., and James E. Neville, Asst. U. S. Atty., both of Los Angeles, Cal.

Before GILBERT and RUDKIN, Circuit Judges, and NETERER, District Judge.

GILBERT, Circuit Judge.

The plaintiffs in error were convicted under an indictment charging them with a conspiracy to defraud the United States, in violation of section 37 of the Federal Penal Code (Comp. St. § 10201). They contend that the indictment is insufficient to charge an offense against the laws of the United States. It charges a conspiracy to procure the execution of fraudulent bail bonds for persons under arrest charged with violation of penal laws of the United States, in that they conspired to procure certain named persons to join as sureties in the execution of bail bonds to obtain release from custody and confinement of such persons so charged, and alleges that one Etta Schoonover was the owner of no property, except an equity of redemption in a certain described lot in Los Angeles, which said equity was at no time of a greater value than $1,000; that it was a part of the conspiracy to procure her to become a surety on bail bonds upon which her liability should greatly exceed the value of the property owned by her, and that defendants should cause each of said bail bonds to be approved by the United States commissioner for the Southern district of California at Los Angeles, and filed with either the said commissioner or with the clerk of the District Court of the United States for that district, and that the defendants should obtain and cause the release from confinement by the United States marshal for said district of the persons for and in whose behalf each of said bail bonds should be given, and against whom prosecutions should be pending for violations of the various penal laws of the United States, although they well knew that the said Etta Schoonover owned no real property, except said equity of redemption, and was not worth the amounts for which on each or any of the bonds she became liable to the United States, and knew that, in case any of the persons in whose behalf the said bail bonds were given should default thereon, said Etta Schoonover would be unable to pay the United States and the United States would be unable to collect from her the principal sum of any such defaulted bail bonds.

The indictment proceeded to specify that it was a part of the conspiracy that said Etta Schoonover should become surety on a $3,000 bond conditioned for the appearance of J. L. Rick before said United States commissioner for examination as to criminal charges then and there pending against him, and made similar allegations as to other bail bonds executed in various sums ranging from $2,000 to $5,000. It was alleged as a part of the conspiracy that said sureties should subscribe an oath that they were householders and were worth the sum set forth in each of the said bail bonds, whereas the defendants well knew that said Etta Schoonover was not worth the sum of any of the said bail...