United States v. Stone

Beatty, District Judge.

By the indictment, in pursuance of the provisions of section 2461, Rev. St., the defendant is charged in this case w .th "the cutting and removing of timber from the public lands of the Uaited States, with the intent to export, dispose of, and use the same in a manner “other than for the use of the navy of the United States.” In the argument and" considera tion of the demurrer interposed by defendant to such indictment, the defendant, in support thereof, claimed— First, that, under said section, a criminal prosecution cannot be maintained for timber trespasses on the…