Bailey

— Defendants appeal from a judgment of conviction of the crime of conspiracy to commit the crime of grand larceny, and from an order denying them and each of them a new trial.

Briefly, the facts appear to be that the defendants with two others agreed among themselves that they would go to a certain place where a considerable quantity of whisky was stored and by pretending to the owner of the premises that they were officers engaged in the enforcement of the National Prohibition Act, and by virtue of a forged search-warrant take the whisky and convert it to their own use.

The gist of the accusation against the defendants, as set forth in the indictment, is that they did unlawfully conspire “ ... to take, steal and carry away from one John Shepek, whisky of the value of Ten Thousand Dollars ($10,000.00), lawful money of the United States, ...”

The first specification of error in effect is that the indictment fails to state facts sufficient to constitute a public offense in that the whisky which was the subject of the proposed larceny in law did not constitute property or anything of value in which the person from whom it was proposed to be taken had any property right.

While it…