United States v. Kuentsler

BROWN, District Judge.

The indictment charges that the defendant on the 4th day of May, 1893, “* * * did unlawfully, willfully,, and knowingly falsely make and cause to he made a certain false writing, to wit, a false affidavit * * *” stating in substance that Lina Reed, an applicant for a pension, as the widow of James I. Reed, sergeant, was a widow, and had not remarried since the death of her husband; whereas in fact she was married to said Kuentsler. A copy of the alleged false affidavit forms a part of the indictment.

Upon a general demurrer to the indictment the counsel for the defendant…