Winner v. United States
| Decision Date | 15 May 1929 |
| Docket Number | No. 4139.,4139. |
| Parties | WINNER v. UNITED STATES. |
| Court | U.S. Court of Appeals — Seventh Circuit |
George N. Murdock, of Chicago, Ill., for appellant.
Geo. E. Q. Johnson, U. S. Atty., of Chicago, Ill.
Before ALSCHULER, EVANS, and ANDERSON, Circuit Judges.
Appellant and three others were indicted for a violation of section 37 of the Criminal Code (18 USCA § 88). A demurrer to the indictment was overruled, and the correctness of this ruling presents the only question before us.
The indictment is assailed because, so it is asserted, the object of the conspiracy did not constitute an offense against the United States. Section 50, title 35, of the United States Code (35 USCA § 50), reads:
The indictment charges defendant with conspiring to do that which is condemned by the above quoted section. Upon the authority of Taylor v. U. S. (C. C. A.) 2 F.(2d) 444, United States v. Hutto, 256 U. S. 524, 41 S. Ct. 541, 65 L. Ed. 1073, we hold that to do what is condemned by this section is such an offense as is defined in section 37 of the Criminal Code.
The judgment is affirmed.
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Table of Cases
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