Prior History
On error from the United States District Court for the Southern District of New York:
The defendant and others were indicted for a conspiracy to conceal assets from a trustee in bankruptcy. The defendant Oppenheimer set up a previous adjudication upon a former indictment for the same offense that it was barred by the one-year statute of limitations in the bankruptcy act for offenses against that act; an adjudication since held to be wrong in another case. This defense was presented in four forms entitled respectively, demurrer, motion to quash, plea in abatement, and plea in bar. After motion by the Government that the defendant be required to elect which of the four he would stand upon he withdrew the last-mentioned two, and subsequently the court granted what was styled the motion to quash, ordered the indictment quashed and discharged the defendant without day. The Government brings this writ of error treating the so-called motion to quash as a plea in bar, which in substance it was.
Read more about this topic: United States V. Oppenheimer
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