This court having decided, in the case of W. I-I. Renigar v. United States, 172 Fed. 640, that it is essential to the validity of an indictment that it be presented by the grand jury in open court, and it appearing that the indictment in this case was not so presented, it follows that, for the reasons set forth in the opinion filed at the present term, the judgment in this case must be set aside; and it is so ordered.