257 F. 724 | 9th Cir. | 1919
The plaintiff in error was convicted under an indictment which charged that on “divers dates between the
“By tlie 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.”
The judgment is reversed, and the cause is remanded to the court below, with instructions to discharge the plaintiff in error.