June 1, 1921
Mr. Assistant Attorney General Garnett, for the United States.
Mr. Sam K. Sullivan, of Newkirk, Okl., for defendant in error.
Mr. Justice PITNEY delivered the opinion of the Court.
This is a writ of error under the Criminal Appeals Act of March 2, 1907 (chapter 2564, 34 Stat. 1246 [Comp. St. 1704]), 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 et al. (No. 691, just decided) 256 U.S. 524 , 41 Sup. Ct. 541, 65 L. Ed. --. In this case the demurrer was sustained upon the ground that section 2078, Rev. Stat. U. S. (Comp. St. 4026), was inapplicable to transactions involving property with respect to which the government had no interest or control. For 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.