United States v. Halsey, Stuart & Co., Inc., 296 U.S. 451 (1935)

United States v. Halsey, Stuart & Co., Inc.


No. 109


Argued December 11, 1935
Decided December 23, 1935
296 U.S. 451

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE EASTERN DISTRICT OF WISCONSIN

Syllabus

1. A motion to quash, challenging the sufficiency of an indictment in the light of a bill of particulars, held not special plea in bar within the meaning of the Criminal Appeals Act. P. 452.

2. A judgment sustaining such a motion is not reviewable under the Act when it does not appear that it was based upon the invalidity or construction of the statute upon which the indictment was founded. Id.

Appeal dismissed.

Appeal from an order quashing an indictment charging fraudulent use of the mails. See 4 F.Supp. 662.