Moran

The United States obtained a judgment against the plaintiff in error, who was a surety on the bail bond executed July 6, 1923, for the release *456 from custody of one Joseph Bruno, held under a warrant of arrest issued by a United States Commissioner on a charge of mailing narcotics in the United States mail, in violation of section 217 of the federal Penal Code (Comp. St. § 10387). To the complaint, whieh alleged forfeiture of the bond, the plaintiff in error demurred, and, upon the demurrer being overruled, he answered upon the merits. The court found the facts and law against him, and entered judgment against him in the penal sum of the bond.

There are but two assignments of error: First, that the demurrer was overruled; and, second, that the bail bond was held good in law. It is contended that the bond is invalid for not stating sufficiently the nature of the offense charged against the accused. The bond recites that Bruno was held under a complaint charging him “with the crime of violation of section 217 of the federal Penal Code.” 'The plaintiff in error points to section 1014, Rev. Stats. (Comp. St. § 1674), which provides that the offender may “agreeably to the usual…