Hlabse v. United States

DENISON, Circuit Judge.

Hlabse and others were convicted of violating section 65 of the Penal Code (18 U. S. C. A. § 121). The indictment and the statute," as far as each is important, are given in the margin.1 He was sentenced to 15 months’ imprisonment. A motion to quash the indictment and a demurrer, made in due time, were overruled. The sufficiency of the indictment is therefore for decision. Unlike the indictment which we considered in Bailey v. U. S. (C. C. A.) 278 F. 849, this one clearly shows that it is intended to charge only the final offense specified in section 65; and the force…