United States v. P. Koenig Coal Co.

TUTTLE, District Judge.

This cause is now before the court, on demurrer to an indictment, for the second time. On the pre-» vious hearing a demurrer to the indictment then pending was sustained for reasons pointed out in the written opinion of the court, as reported in 291 Fed. 385. Thereafter another indictment was returned against the defendant based upon the same transactions as were involved in the previous indictment, but framed in an effort to avoid the objections sustained on the former hearing. A demurrer has again been filed, challenging the sufficiency of the present indictment on…