United States v. Hacker

WELLBORN, District Judge.

This prosecution is for an alleged violation of section 4 of an act of congress entitled “An act for the sale of timber lands in the states of California, Oregon, Nevada and in Washington Territory,” approved June 3, 1878 (1 Supp. Rev. St. 168). The indictment alleges that the defendant cut timber on certain public lands, but does not allege that he intended to export or dispose of the timber so cut; and the question raised by the demurrer is whether or not such an intent is an essential ingredient of the offense, denounced in said section, of cutting timber on lands…