268 F. 813 | 9th Cir. | 1920
Appeal from an order discharging a writ of habeas corpus and directing removal of appellant to another jurisdiction. Defendant Tjosevig, appellant, was indicted with Rowe and others in the District Court of the Southern District of New York. The indictment contains six counts, the first five of which charge violation of section 215 of the Penal Code (Comp. St. § 10385); the sibrth charges violation of section 37 of the Penal Code (section 10201). The indictment is similar to that in Rowe v. Boyle, 268 Fed. 809, heretofore decided by us, and the appeal is of the same character.
Among the overt acts distinctly alleged to have been done “in pursuance of and to effect the object of said conspiracy” are that defendant made a written contract with Willis & Co., stockbrokers of New York, in regard to the sale of stock of the Copper Company, and that Tjosevig came from Alaska to New York with intent to assist in the
Our opinion being that the indictment charges violation of the sections of the Penal Code heretofore referred to (United States v. New South Farm & Home Co., 241 U. S. 64, 36 Sup. Ct. 505, 60 L. Ed. 890, Ann. Cas. 1917C, 455), the order appealed from is affirmed.
Affirmed.