United States v. Marks

HUTCHESON, District Judge.

Demurrer to criminal information, charging in count 1 that defendant did, on the 20th day of November, 1923, unlawfully possess certain aigrettes taken from the egret, or heron, in violation of the Migratory Bird Treaty Act of July 3,1918 (Comp. St. Anm Supp. 1919, §§ 8837a-8837m), count 2, that she did sell or offer same for sale. The demurrer challenges the information, because it does not allege when or how these aigrettes came into defendant’s possession and specifically does not allege that they were taken since the passage of the act.

The government does not…