Page:Federal Reporter, 1st Series, Volume 4.djvu/412

 893 FBDBBA]^ BBPOBTIiB. �This case îs before the court on a writ of error, allowed under the provisions of the act of March 3, 1879, (20 U. S. St. at Large, 364.) �The record states that, on a trial on a plea of not guilty of the offences charged in the indictment, the defendant was found guilty of the offences charged in said indictment, and was sentenced for said offences to be imprisoned in the Albany county penitentiary for the term of one year, and to pay a fine of $250. The return io the writ, in addition to the record of judgment and the minutes of the trial, contains a bill of exceptions taken by the defendant. There is no assignment of errors, nor any statement of any exceptions .except Buch exceptions as are found in the bill of exceptions. There is no statement of any objection having been taken in the court below to the indictment, by demurrer or otherwise, either as to form or substance, or of any motion to quash it, orof any motion there in arrest of judgment. There is not, in the bill of exceptions, any statement of any question hav- ing been raised as to the indictment. Nevertheless, the defendant on this writ of errûr raises the question as to the Buffioiency of the indictment. He contends that the indict- ment charges no criminal act; thatitis not enough to allege an intent to defraud; that no facts are stated, which, if proved, will support the conclusion averred, that the deposit of the notice in the post-office was in pursuance of a scheme to defraud; that the notice and the letter are harmless and innocent if issued in good faith ; that it is not averred that the notice was not signed by A. B. Fritz & Co., or that A. B. Fritz & Co. were not ready or did not intend to forward the samples as provided in the notice, or that the specialty to be Bold to the groeery trade did not exist, or had no value, or that the persons who may bave sent their money to the address indicated did not receive the samplea promised, or were in any way defrauded, and that averments should be found in the indictment from which the court can see how the fraud was tO be accomplished. �. The aet of March 3, 1879, provides that the circuit court shall have jorisdiction of writa of error "in certain specified ����