United States v. James H. Britton and Barton Bates

108 U.S. 207

2 S.Ct. 536

UNITED STATES
v.
JAMES H. BRITTON AND BARTON BATES.

No. 410.

Argued October 1882, Decided April 1883.

108 U.S. 207

2 S.Ct. 536

UNITED STATES

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v.

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JAMES H. BRITTON AND BARTON BATES.

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No. 410.

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Argued October 1882, Decided April 1883.

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In case No. 410, (UNITED STATES v. JAMES H. BRITTON and

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BARTON BATES,) on certificate of division in opinion from the same

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court, the indictment contained five counts, all substantially

similar to the counts in case 409, [ante, 531,] just disposed of.

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What we have said in reference to the indictment in case 409

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applies to the indictment in this case. As the indictment is bad,

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and no good indictment can be framed upon the facts as they appear

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therein, it is unnecessary and we decline to answer the specific

questions submitted to us by the judges of the circuit court. U.

S. v. Buzzo, 18 Wall. 125.