United States v. Schlierholz

TRIEBER, District Judge.

The defendant demurs to an indictment in which he is charged with violation of section 5481, Rev. St. U. S. [U. S. Comp. St. 1901, p. 3701]. The offense is alleged to have been committed by the defendant, who, it is charged in the indictment, “was then and there an officer of the United States, to wit, k special agent of the Land Department of the United States.” The only question raised by the demurrer is whether such a special agent of the Land Department of the United States is an officer of the United States, within the meaning of that section. In United States v.…