Banta

This ease presents the single question whether the indictment under which the plaintiffs in error were convicted contains averments sufficient to sustain the judgment. No demurrer or motion was interposed, and no application was made for a bill of particulars. The objection made to the admission of testimony was insufficient to challenge the indictment. Gray v. United States (C. C. A.) 9 F.(2d) 337 . The motion made in arrest of judgment could only reach defects in matter of substance. Case v. United States (C. C.A.) 6 F. (2d) 530; Hall v. United States (C. C. A.) 277 F. 19 .

The indictment followed the language of the statute. In the third count it charged that the defendants, with intent to defraud divers persons to the grand jurors unknown, did willfully, unlawfully, knowingly, and feloniously use certain false, forged, and counterfeit internal revenue stamps of the United States, in resemblance and similitude to the true and genuine adhesive, engraved strip stamps of the United States, theretofore prescribed and issued by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, for affixing to and passing over the mouths of bottles filled with…