Matthews v. United States

PAGE, Circuit Judge.

The indictment charges conspiracy to commit an offense by the unlawful manufacture, etc., of intoxicating liquors. Several overt acts are charged, followed by what was probably intended by the grand jury to be an overt act, but which in fact charges an unlawful sale of intoxicating liquors.

1. It is urged that the two complete offenses charged in one count make the whole indictment bad because of duplicity. Plaintiffs in error, here called defendants, were represented by different attorneys, Marsh by McGlynn, and Matthews by Thomas. Each made a formal motion to quash,…