Andrews

The plaintiffs in error were convicted and sentenced upon two counts of an indictment, the first of which charged them with conspiring to commit a crime against the United *419 States by importing opium from Mexico into the United States, and the second charged them with conspiring together for the purpose of unlawfully transporting and concealing contraband opium theretofore unlawfully brought into the United States from Mexico.

[1] There are five assignments of error, the first of which is that the trial court erred in overruling the motion of the plaintiffs in error, made prior to the trial, for permission to withdraw their pleas of not guilty for the purpose of interposing a demurrer to the indictment. In ruling upon that motion, the court exercised a discretion which was vested in it, and its ruling is not reviewable here. 12 Cyc. 896; United States v. London (D. C.) 176 Fed. 976 ; United States v. Lewis (D. C.) 192 Fed. 633 .

[2] Error is assigned to the denial of the motion of plaintiffs in error, which it is said “was made at the close of the case,” for an instruction to the jury to acquit the plaintiffs in error, and to the refusal to permit counsel to argue the motion.…