United States v. Eisenminger

MORRIS, District Judge.

To the three counts of an indictment, each charging conspiracy, found against 23 persons, the defendants have demurred. The primary objections advanced against the first count are that, notwithstanding section 37 of the federal Criminal Code (Comp. St. § 10201), upon which the counts are based, provides, “If two or more persons conspire * * * to commit any offense against the United States, * * * and one or more of such parties do any act to effect the object of the conspiracy,” they shall be punished as therein stated, yet that count does not set forth or disclose that…