Johnson v. United States

.RUDKIN, Circuit Judge

(after stating the facts as above). The objections to the indictment and the objections to the charge of the court present the same questions in some of their aspects, but we will first take up the objections to the charge. We may say at the outstart that the prosecution is not aided in any way by the reference in the indictment to the amendment of 1919 (40 Stat. 1057), because the indictment itself does riot charge a single fact necessary tp bring the case within the purview of that amendment. Pendleton v. U. S(C. C. A.) 290 Fed. 388. The rulings of the court below must…