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UNITED STATES v. HERR ET AL.

No. 291.

211 U.S. 404 (1908)

29 S.Ct. 134

53 L.Ed. 251

UNITED STATES v. HERR et al.

Supreme Court of United States.

Decided December 14, 1908.

Attorney(s) appearing for the Case

The Attorney General and The Solicitor General, with whom Mr. Edwin W. Lawrence, Special Assistant to the Attorney General, was on the brief, for the United States.1

Mr. B.W. Ritter and Mr. N.C. Miller for defendants in error.

MR. JUSTICE WHITE delivered the opinion of the court.

The court below sustained a demurrer to the indictment in this case, for the reasons which caused it to quash the first count of the indictment in the case of United States v. F.W. Keitel, ante, p. 370.

The indictment alleged a conspiracy to defraud the United States of coal lands in violation of § 5440, Rev. Stat. The conspiracy charged was, speaking in a broad sense, of the same general...

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