Summers

The plaintiff in error was indicted under section 5209 of the Revised Statutes ( 12 U.S.C.A. § 592 and note), delating to national banks, and was charged with 56 separate crimes thereunder. He demurred to the indictment on the ground that it violated section 43 of Carter’s Alaska Code, p. 52 (Act March 3, 1899, c. 429, 30 Stat. 1290 ), *31 which provides “that the indictment must charge but one crime and in one form only.” The demurrer was overruled. The plaintiff in error elected to stand upon the demurrer, and refused to plead further. He was thereupon adjudged guilty of each one of the fifty-six crimes, and was sentenced accordingly.

The question presented on the writ of error is whether the procedure in the court below was controlled by section 1024 of the Revised Statutes ( 18 U.S.C.A. § 557 ), or by section 43 of the Alaska Code of Criminal Procedure. Section 1024 provides as follows: “When there are several charges against any person for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts o’r transactions of the same class of crimes or offenses which may be properly joined, instead of having several indictments,…