1. Conspiracy (§ 43*) — Conspiracy to Defraud the United States — Indictment.

An indictment under Rev. St. § 5440 (U. S. Comp. St. 1901, p. 3676), for conspiracy to defraud the United States of public lands is not one charging a conspiracy to do an act not unlawful in itself, because there is no separate statute making it a crime to defraud the United States, so that it is necessary to set out criminal or unlawful means to charge an offense, but the statute itself makes a conspiracy to defraud the United States a distinct crime, and no further offense need be averred nor proved.

[Ed. Note. — For other cases, see Conspiracy, Cent. Dig. §§ 79, 97; Dec. Dig. § 43.*]

2. Conspiracy (§ 43*) — Conspiracy to Defraud the United States — Indictment.

An indictment for conspiracy to defraud the United States of public lands by fraudulently obtaining the title to worthless state lands, securing the establishment of a forest reserve including such lands and then exchanging the same for public lands of the United States under the law authorizing such exchange, is not bad because it does not describe the state lands to be so acquired, further than to state the counties in which they are situated, where they had not been obtained and no further description was possible.

[Ed. Note. — For other cases, see Conspiracy, Cent. Dig. § &7; Dec. Dig § 43.*]

3. Conspiracy (§ 45*) — Conspiracy- to Defraud the United States — Evidence — Materiality.

In a prosecution for conspiracy to defraud the United States of public lands by fraudulently acquiring state lands and exchanging them under the forest reservation laws for lands of the United States, evidence of the fraudulent acquisition of the state lands was material as showing the foundation on which the conspiracy was based and the method of procedure adopted to carry it into effect.

[Ed. Note. — For other cases, see Conspiracy, Cent. Dig. § 100; Dec. Dig § 45.*]