Territory v. Scully

OPINION OP THE COURT BY

WATSON, J.

John T. Scully, Willmot R. Ohiltou and John H. Fiscber were jointly indicted for conspiracy in the first degree. The defendants Scully and Chilton interposed separate motions to quash the indictment, the motions being made on the same grounds and supported by affidavits identical in all respects. These motions came on to be heard on October 28, the Scully motion being taken up first, when the deputy city and county attorney, for the government, interposed an oral demurrer to said motion, whereupon the court, by consent of parties, reserved and ordered to be…