Thlinket Packing Co. v. United States

(after stating the facts as above).

Error is assigned to the order.overruling the demurrer of the plaintiff in error to the • indictment, which was interposed on the grounds: First, that more than one offense is attempted to be charged therein; and, second, that no.offense against the United States is charged. As to the ground of demurrer that more than one crime is charged in each indictment, it is sufficient to point to the statute of the territory of Alaska, approved April 26, 1913, providing that when there are several charges against any person for the same act or transaction, or for two or more acts of the same class of crimes, the whole may be joined in one indictment in separate counts. Session Laws of Alaska 1913, p. 65. The second ground of demurrer is based on the fact that the indictment contains no averment that the plaintiff in error was actually fishing or catching fish, also upon the contention that the provision of section *467 5 in regard to requiring that 25 feet' of the webbing or net of the heart of traps shall be lifted or lowered so as to permit the free passage of salmon and other fishes is directory only, and disobedience thereto is not made a crime by…