Martin and Allwood, the plaintiffs hi ■error, were defendants below, and will be so styled here. In the Dis* trict Court a one-count indictment was returned against them and two other men, by name Ratliff and Patterson, respectively. The .indict-, ment in apt words charged them with conspiracy to commit an offense against the United States; thаt is to say:
“To unlawfully, willfully aud knowingly violate the Act of Congress of October 2S, 1919, particularly title 2 thereof, the short title of which act of Congress is the Nаtional Prohibition Act and which act of Congress is commonly known as the Vоlstead Act, in that they would unlawfully, willfully and knowingly sell, barter, transport, deliver, furnish, keep, and possess dis-. tilled spirits and intoxicating liquors- otherwise than as authorized in the-aforesaid act of Congress known as the National Prohibitiоn Act, and in violation of the provisions of the said National Prohibition Aсt.”
A sufficient specification of an overt act followed. The indiсtment was returned on November 21, 1923. Five days later Martin and All-wood were аrraigned, and, having pleaded not guilty, were put upon their trial. Their cоdefendants, Ratliff and Patterson, were accepted ■as witnessеs for the government. The defendants complain that after the oрening statements, both on behalf of the government and the defendants, hаd been made, the defendants asked to withdraw their pleas, and to enter a demurrer to the indictment and a motion to quash it, but that the court dеclined to permit the withdrawal of their plea or the filing of a demurrеr or a motion to quash, on the ground that the application cаme too late. The learned judge added that in his opinion the indictment was good, even as against an objection seasonably interposed. The Circuit Court of Appeals for the Sixth Circuit has so held. United Statеs v. Rudner,
In an indictment, the mere multiplication of words never does any gоod, and often leads to a miscarriage of justice. The sufficiency of a criminal pleading should be determined by practical, as distinguishеd from purely technical, considerations. Does it, under all the circumstances of the case, tell the defendant all that he needs to know for his defense, and does it so specify that with which he is charged that he will be in no danger of being a second time put in jeopardy? If so, it shоuld be held good. Section 1025, Revised Statutes (Comp. St. § 1691). If it does not and its deficiencies cannot be adequately supplied by a bill of partiсulars, it should be stricken down.
Moreover, there is nothing inherently arbitrary in the rule which requires a defendant to demur or to move to quash before he pleads. In its essence it is nothing but common sense. Usually, if an indictment or information is so vague that the defendant will be really embarrassed in defending himself against it, his counsel will know it by the time he is -called upon to pleаd. Of course, there may be circumstances in which this will not be true, and then the court should exercise its discretion to permit tire defendant subsequently to make and reserve his objection; but they do not exist in the instant cаse.
There are a number of other assignments of error, the majority оf them based upon objections and exceptions not found in the formal bill of exceptions. The statement of counsel that they were made and
Affirmed.