United States v. Burkett

POLLOCK, District Judge.

Defendants presented to and indicted by the grand jury for the offense of criminal conspiracy, under section 5440 of the Revised Statutes [U. S. Comp. St. 1901, p. 3676], demur to the indictment. The matter has been fully presented in oral argument, and submitted on printed briefs by counsel for the respective parties.

The' indictment, at some length, but with some lack of clearness and positiveness of statement, charges the defendants with the crime of conspiring together for the purpose of defrauding the government out of the title to a portion of the public domain,…