delivered the opinion of the cpurt.

In this case the court below quashed an indictment, and a writ of error direct from this court is prosecuted on behalf of the United States, upon the theory by which it prosecuted the writ in the case of United States v. Biggs et al., No. 289, just decided. The case presented by the record, omitting .references to irrelevant distinctions in the form of the pleadings, is like that in the Biggs case, and is controlled and disposed of by the opinion just announced therein.

Affirmed.