U.S. v. SULLENBERGER 211 U.S. 522 (1909)

[211 U.S. 522, 523]   Solicitor General Hoyt, Attorney General Bonaparte, and Mr. Edwin W. Lawrence for plaintiff in error.

Messrs. Edmund F. Richardson and Horace N. Hawkins for defendants in error. [211 U.S. 522, 524]  

Mr. Justice White delivered the opinion of the court:

In this case the United States seeks the reversal of the action of the court below in quashing an indictment, the writ of error being prosecuted directly from this court upon the assumption that the case comes within the act of March 2, 1907. [34 Stat. at L. 1246, chap. 2564, U. S. Comp. Stat. Supp. 1907, p. 209.] The indictment charged a conspiracy in violation of 5440, Rev. Stat. (U. S. Comp. Stat. 1901, p. 3676), to unlawfully acquire land of the United States under the timber and stone act. The court gave to the indictment the same construction which it affixed to the indictment in the case of United States v. Biggs, No. 289 [ 211 U.S. 507 , 53 L. ed. --, 29 Sup. Ct. Rep. 181], which we have just decided, and applied the same principles which it expounded in the opinion in that case. Disregarding mere immaterial differences in the form of the pleadings, [211 U.S. 522, 525]   this case is like the Biggs Case, and is disposed of by the opinion which we have just announced in that case.

Affirmed.