Winner v. United States

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 USCÁ § 50), reads:

“Every person who, in any manner, marks upon anything made, used, or sold by him *508for which he has not obtained a patent, the name or any imitation of the name of…