Oesting

(after stating the facts- as aboye).

[1, 2] The defendant .in error contends that the plaintiff in error, having pleaded guilty to the indictment and having presented no objection to the indictment in the court below, cannot be heard to object to the same in this court. Many authorities are cited for and against the contention. We may accept the rule to be this: First, that after a plea of guilty the only objection that can be made to the indictment in the court of first instance is that it “fails to describe the various acts intended to be proved with that reasonable certainty which the law requires to constitute a valid indictment” (United States v. Bayaud [C. C.] 16 Fed. 376 ); and, second, that by the defendant’s failure to demur to an indictment, or to enter a motion to quash, or a motion in arrest of judgment after verdict, he waives his right to object in an appellate court to any matter which goes to the form in which the offense is stated, but he does not waive the right to raise the objection that the-indictment is lacking in some essential element to constitute the offense which is charged (Hardesty v. United States, 168 Fed. 25 , 93 C. C. A. 417 ; Dunbar v. United…