Johnson v. United States

On June 19, 1925, the grand jury for the Southern district of California, sitting at Los Angelos, returned an indictment against the appellant charging him on six counts with using the mails in the execution of a scheme to defraud in violation of section 215 of the Criminal Code of the United States (18 USCA § 338).

The defendant resisted removal from Fort Worth, Tex., and he was finally ordered removed on September 19, 1928. Before the cause was called for trial the defendant filed a motion to quash said indictment, which motion was overruled.

The trial resulted in a verdict of guilty on the first count of said indictment and not guilty on the other counts thereof.

The first assignment of error relates to the overruling of the motion to quash the indictment. The grounds of the motion are that the indictment fails to charge a crime against the laws of the United States pursuant to section 215 of the Criminal Code; fails to inform, save in general terms, the defendant of the nature and cause of the accusation, against him; charges and attempts to charge other and different crimes and offenses not contemplated by said section of the Criminal' Code; charges the defendant with the…