Watson

Watson v. United States

Good Law
16 F.2d 52·1926 U.S. App. LEXIS 3748
United States Court of Appeals for the Ninth CircuitNovember 29, 1926No. 4860California1,326 words

Opinion

Lead Opinion

Morrow, J.

Defendant, Charles S. Watson, was indicted in the Distriet Court of the United States in and for the District of Idaho, Eastern Division. The first count was as follows:

The second count was for the same charge, excepting that the date was March 16, 1926.

Defendant pleaded not guilty, and the cause was set for trial on March 27,1926. On that day defendant changed his plea to guilty.

On April 1, 1926, defendant made a motion in arrest of judgment, “for the reason that the facts set forth in the indictment or in any count thereof do not show a commission of any offense by the defendant against any law of the United States.” This motion was denied, and defendant excepted. On April 5, 1926, sentence was pronounced of a fine of $600 on each count, defendant to be confined in jail until said fine was paid. Defendant then petitioned the District Court for a writ of error to this court, the error assigned being:

“That the District Court erred in overruling and denying, and in not granting, the motion of the said defendant in arrest -of judgment. The indictment and each count there *53 of fails to state facts sufficient to show that the defendant had violated the law, or any law, of…

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