United States v. Hutto, No. 2, 256 U.S. 530 (1921)

U.S. Supreme Court

United States v. Hutto, No. 2, 256 U.S. 530 (1921) United States v. Hutto, No. 2

No. 692

Argued April 11, 1921

Decided June 1, 1921

256 U.S. 530

ERROR TO THE DISTRICT COURT OF THE UNITED STATES

FOR THE WESTERN DISTRICT OF OKLAHOMA.

Syllabus

Decided upon the authority of United States v. Hutto, No. 1, ante, 256 U. S. 524. Reversed.

The case is stated in the opinion.

MR. JUSTICE PITNEY delivered the opinion of the Court.

This is a writ of error under the Criminal Appeals Act of March 2, 1907, c. 2564, 34 Stat. 1246, 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, ante, 256 U. S. 524. In this case, 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. 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.