McConkey v. United States

CARLAND, District Judge.

McConkey was convicted in the trial court for having violated the provisions of section 5440, Rev. St. U. S. (U. S. Comp. St. 1901, p. 3676), in conspiring to commit the offense *830denounced by section 5480,. Rev. St. U. S., as amended by Act March 3, 1889, c. 393,, § 1, 35 Stat. 873 (U. S. Comp. St. 1901, p. 3696). To reverse the judgment of conviction he has sued out a writ of error from this court, and assigns as the only ground for’reversal that the indictment against him and others does not state facts sufficient to constitute a public offense against the laws of the…