United States v. Barber

On April 14, 1908, in the District Court of the United States for the District of Idaho, an indictment was re turned, which, in four counts, charged James T. Barber, Sumner G. Moon, Frank Martin and Albert E. Palmer with having violated the conspiracy section of the Revised Statutes, viz., § 5440. In the court below Frank Martin was dismissed from the indictment. Palmer made no appearance, presumably not having been arrested.

The final judgment, to reverse which this writ of error was sued out, is as follows:

“Now came the attorneys for the respective parties herein and thereupon the demurrer…