Jacopetti

Indictment under section 23 of the Act of June 29,1906 ( 34 Stat. 603 [Comp. St. § 4379]) The demurrer to the indictment sets up the following :

(1) Failure to charge an offense against the laws of the United States.

(2) Misjoinder of three sets of alleged offenses, set forth in six counts.

(3) That section 24 of the Act of June 29, 1906 (Comp. St. § 4380), purporting to fix the time within which offenses sought to be charged in the indictment shall be prosecuted, is unconstitutional, as permitting the charging of infamous crimes by information, in violation of the Fifth Amendment to the Constitution of the United States.

(4) That the indictment was not returned within three years, under section 1043,1044, Revised Statutes (Comp. St. §§ 1707, 1708), applicable because of the alleged unconstitutionality of section 24 of the Act of June 29, 1906.

(5) No criminal offense against the United States is charged, because of lack of power in Congress to enaet section 23, except as it relates to federal court proceedings; the creation of criminal offenses with penalties fixed therefor for acts committed in state court proceedings is denied to Congress under reservation to the states by…