United States v. Holmes

(orally). The demurrer to the indictment in this case raises two questions: First, whether the vessel described in the indictment is one coming within the terms of the statute; second, whether the charge is sufficient, so far as it undertakes to describe the offense as having been committed with criminal intent. The indictment, it is apparent, intends to describe a sailing vessel. Ao claim is made that the vessel mentioned is a steam vessel, or one using steam in whole or in part. Is such vessel within the terms of section 5344, under which this indictment is drawn? We have had a very…