211 U.S. 525
UNITED STATES, Plff. in Err.,
CHARLES H. FREEMAN, Edgar M. Biggs, and Welch W. Nossaman.
Argued December 16, 17, 1908.
Decided January 4, 1909.
Solicitor General Hoyt, Attorney General Bonaparte, and Mr. Edwin W. Lawrence for plaintiff in error.
Messrs. Clyde C. Dawson and Charles J. Hughes, Jr., for defendants in error.
Mr. Justice White delivered the opinion of the court:
In this case the court below quashed an indictment, and a writ of error direct from this court is prosecuted on behalf of the United States, upon the theory by which it prosecuted the writ in the case of United States v. Biggs, No. 289, just decided [ 211 U.S. 507 , 53 L. ed. --, 29 Sup. Ct. Rep. 181] the case presented by the record, omitting references to irrelevant distinctions in the form of the pleadings is like that in the Biggs Case, and is controlled and disposed of by the opinion just announced therein.