Gernert

The plaintiff in error was indicted with certain other persons, to wit, Frank Menefee, F. M. LeMonn, Thomas Bilyeu, B. F. Bonnewell, H. M. Todd, Joseph Hunter, O. L. Hopson, P. E. Muraine, and Oscar A. Campbell, for a violation of section 37 of the Penal Code (Act March 4, 1909, c. 321, 35 Stat. 1096 [Comp. St. 1913, § 10201]). All of the defendants to the indictment, except Hunter, Muraine, and Hopson, came up regularly for trial,, which trial resulted in the conviction of each of them, except Bilyeu, as to whom the verdict of the jury was by direction of the court not guilty. Thereafter Menefee, Todd, Campbell, and Bonnewell sued out a writ of error, which, upon presentation to this court, received its very careful consideration, the decision on which is reported in 236 Fed. 826 , - C. C. A. -. The present plaintiff in error sued out a separate writ, which is now for disposition.

*404 The charge against the defendants to the indictment is fully and clearly stated by this court in the former case, reported as above stated, and need not be here repeated. And all of the material questions involved on the present writ were there very carefully considered by this court and decided…