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United States v. Hutto

256 U.S. 530 Court SCOTUS Decision date 1921-06-01 Docket NO. 2; No. 692 English

Delivered by Pitney J.

Contents

Majority — Pitney J.

p. 530
UNITED STATES v. HUTTO
(NO. 2).

Syllabus

ERROR TO THE DISTRICT COURT OP THE UNITED STATES FOR THE WESTERN DISTRICT OF OKLAHOMA.
No. 692.
Argued April 11, 1921.
Decided June 1, 1921.
Decided upon'the authority of United States v. HvXto, No. 1, ante, 524. Reversed.
The case is stated in the opinion.
Mr. Leslie C. Garnett, Special Assistant to the Attorney General, for the United States..
Mr. Sam K. Sullivan, with whom Mr. Henry S. Johnston was on the brief, for defendant in error.

delivered the opinion of the court.

This is á writ of error under the Criminal Appeals Act of March 2, 1907, c. 2564, 34 Stat. 124,6 , to review a judgment sustaining a demurrer to an indictment which, in essential respects, is precisely like that passed upon in United States v. Hutto, No. 691, just decided, ante, 524. In this cáse the demurrer was sustained upon the ground that § 2078, Rev. Stats., was inapplicable to transactions involving property with respect to which the Government; had no interest or control. Eor the reasons stated in the opinion, in No. 691, the judgment herein is

Reversed, and the cause remanded for further proceedings ■in conformity with this opinion.