Wagner v. United States

SAWTELLE, Circuit Judge.

Agreed to be heard together by stipulation filed herein, these three cases are appeals from orders overruling the pleas in abatement interposed in the several causes.

The pleas in abatement set forth that the grand jury which found the indictments was not drawn in accordance with the Alaska jury law (Laws Alaska 1931, c. 100, § 2), in that only approximately 1,200 names and less than 1,250 names were in the jury box at the time of the drawing, and that the Alaskan law required that the riames of four-fifths of the voters, to wit, four-fifths of 5,291 should be in.the…