Territory v. Goto

*101CONCURRING OPINION OP

PETERS, C. J.

One of the appellants’ counsel complains that the indictment herein is uncertain and therefore insufficient and fatally defective for the reason that the acts, to wit, “combination or mutual undertaking or concerting together” and the terms descriptive of those acts, to wit, “malicious and fraudulent,” contained in the statute defining conspiracy (Sec. 4076, R. L. 1915), as well as the means employed and the unlawful purposes to be effected as enumerated in the statute defining the offense of unlawful use of explosives (Sec. 4028, R. L. 1915), are alleged in…