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2 F.2d 367

Docket No. 3421.

Schmidt v. United States

Seventh Circuit Court of Appeals

Decided October 14, 1924.)

Seventh Circuit Court of Appeals · decided 1924-10-14

Cited by 2 later decisions (1 by the Supreme Court) — most recently January 1927

1 federal appellate ·

2 counsel of record

Relies on Abbott Bros. v. United States · United States v. McDonald · Farinelli v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1924-10-14

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¶1Indictment and information <@=>196(4)—Insuffi-ciency of verification waived by going to trial without objection.

¶2Insufficiency of verification supporting information is waived by accused going to trial without objection.

¶3In Error to the District Court of the United States for the Southern Division of the Southern District of Illinois. '

¶4George Schmidt was convicted of crime, and he brings error.

¶5Affirmed.

¶6L. E. Stone, of Springfield, 111., for plaintiff in error.

¶7Gertrude Warner Kindler, of Peoria, 111., for tbe United States.

¶8Before EYANS and PAGE, Circuit Judges,'and GEIGER, District Judge.'

¶9PER CURIAM.

¶10Tbe information upon which plaintiff in error was convicted was supported by an an insufficient verification, and a reversal is now sought on account thereof. No objection was made to the information during the trial. It is asserted, however, that upon the motion in arrest of judgment this infirmity was pointed out, and, though such act does not appear of record, we accept this statement.

¶11The decision in Farinelli v. United States (C. C. A.) 297 F. 198, covers the question so fully that we feel further discussion of it is unnecessary. The verification may he and is waived by the accused going to trial without objection. See, also, United States v. McDonald (D. C.) 293 F. 433; Abbott Bros. Co. v. United States, 242 F. 751, 155 C. C. A. 339.

¶12The judgment is affirmed.

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