Tramp v. United States

GARDNER, Circuit Judge.

Appellant, with five others, was indicted in an indictment charging, among other things, a conspiracy to violate sections 1162, 1184, and 1185, title 26 U.S.C.A.(R.S. § 3258, and sections 3281, 3282, as amended). He filed a special demurrer to count 1, the conspiracy count of the indictment, which is the count upon which judgment and sentence were entered, challenging the count as being duplicitous and charging more than one offense. The same objection to the indictment was raised by motion to quash and by motion in arrest of judgment. The court overruled the contention…