United States v. Otto

(after stating the facts as above).

The defendant has questioned the sufficiency of the indictment, but only by motion at the close of the evidence. Since no demurrer was filed,- we need now consider only the adequacy of count 2 as that count stood after certain portions had been stricken out by the trial court. Originally the count contained several assignments designated (a) (b), etc., but all that was left when the case went to the jury were (d) and part of (e). Assignment (d) was “that he, the said James J. Otto, never talked to Dan O’Connell during the year 1927 concerning the Albany…