Court of Appeals for the Ninth Circuit February 2, 1920, No. 3302 (Howenstine v. United States)

GILBERT, Circuit Judge (after stating the facts as above).

[13] Demurrers were interposed to the indictment, and error is assigned to the orders of the court overruling the same. It is contended that the first count is fatally defective for the reason that the conspiracy and the overt acts set forth are not alleged to have been willful.