Magen v. United States

(after stating the facts as above). The substance of the errors assigned is that:(1) No proper allegation of the appointment of the special commissioner is found in the indictment; no such person as a special commissioner could be appointed to conduct a hearing under section 21a of the Bankrupt*328ey Act (11 USCA § 44), and he never took an oath to perform his duties.(2) The indictment is bad for duplicity.(3) The government failed to prove the offense charged, and especially failed to prove some of the assignments of perjury alleged.(4) The remarks of the trial court were such as to deprive the…