Opinion of the Court.

The disposition we have made of these assignments renders it unnecessary to consider the others. The judgment of the court must be

Reversed, the conviction set aside, and a new trial ordered.

MR. JUSTICE BREWER and MR. JUSTICE PECKHAM Concurred in reversing upon the sixth assignment only.

Decisions announced without Opinions.

DECISIONS ANNOUNCED WITHOUT OPINIONS DURING THE TIME COVERED BY THIS VOLUME.

No. 17. HENRY V. ALABAMA AND VICKSBURG RAILROAD COMPANY. Appeal from the Circuit Court of the United States for the Southern District of Mississippi. Submitted October 15, 1896. Decided October 19, 1896. Per Curiam. Dismissed with costs, on the authority of Jacobs v. George, 150 U. S. 415. Mr. Wade R. Young for appellant. No appearance for appellee.

No. 20. TUCKER v. MCKAY. Appeal from the Circuit Court of the United States for the District of Massachusetts. Argued October 15, 1896. Decided October 19, 1896. Per Curiam. Dismissed for the want of jurisdiction, on the authority of Smith v. McKay, 161 U. S. 355. Mr. Charles Allen Taber for appellant. Mr. James J. Myers filed a brief for appellee, but the court declined to hear him.

sas.

No. 508. KING v. UNITED STATES. Error to the Circuit Court of the United States for the Western District of ArkanPer Curiam. Judgment reversed upon confession of error by counsel for the defendant in error, and cause remanded for further proceedings in conformity to law. Mr. Solicitor General, Mr. Assistant Attorney General Whitney and Mr. Assistant Attorney General Dickinson for defendant in error.

No. 333. UNITED STATES ex rel. LONG v. LOCHREN. Error to the Court of Appeals of the District of Columbia. Submitted October 13, 1896. Decided October 26, 1896. Per Curiam. Dismissed without costs to either party, on authority of United States v. Boutwell, 17 Wall. 604, and other cases. Mr. Solicitor General and Mr. Assistant Attorney General Whitney for the motion to dismiss. Mr. Thomas S. Hopkins and Mr. Frederick A. Baker for Long.

Decisions announced without Opinions.

No. 416. WILSON V. UNITED STATES. Error to the District Court of the United States for the District of Indiana. Submitted October 22, 1896. Decided November 2, 1896. Per Curiam. Judgment affirmed, on the authority of Rosen v. United States, 161 U. S. 89. Mr. J. W. Kern for plaintiff in error. Mr. Assistant Attorney General Dickinson for defendants in error.

No. 485. COHEN V. UNITED STATES. Error to the District Court of the United States for the District of Maryland. Submitted October 26, 1896. Decided November 2, 1896. Per Curiam. Judgment reversed and cause remanded for further proceedings to be had therein in conformity to law, on the authority of McElroy v. United States, decided to-day (164 U. S. 76). Mr. William Colton for plaintiff in error. Mr. Assistant Attorney General Whitney for defendants in

error.

No. 90.

WASHINGTON, STATE OF, v. COOVERT.1 Appeal from the Circuit Court of the United States for the District of

Washington. Submitted October 29, 1896. Decided November 9, 1896. Per Curiam. Order reversed with costs, and cause remanded with directions to discharge the writs and dismiss the petitions, on the authority of Ex parte Royal, 117 U. S. 241, and Whitten v. Tomlinson, 160 U. S. 231, 242, and cases cited. Mr. W. C. Jones for appellant. Mr. Charles C. Beaman and Mr. Joseph H. Choate for appellee.

Error to

No. 8. WISCONSIN ex rel. BALTZELL V. SIEBECKER. the Supreme Court of the State of Wisconsin. Argued and submitted October 13, 1896. Decided November 16, 1896. Per Curiam. Judgment affirmed with costs, on the authority of Wurtz v. Hoagland, 114 U. S. 606, and Fallbrook Irrigation District v. Bradley, just decided (164 U. S. 112). Mr. A. L. Sanborn for plaintiff in error submitted on his brief. Mr.

1 A similar order was made in Nos. 91 to 97, between the same parties.

Decisions announced without Opinions.

Charles E. Buell for defendant in error. Mr. H. W. Chinoweth was on his brief.

No. 9. HILL v. CORCORAN. Error to the Supreme Court of the State of Colorado. Argued October 13, 1896. Decided November 16, 1896. Per Curiam. Judgment affirmed with costs by a divided court. Mr. William C. Beecher for plaintiff in error. Mr. M. B. Carpenter and Mr. Joseph N. Baxter were on his brief. Mr. Frederic D. McKenney for defendant in error. Mr. S. F. Phillips and Mr. C. S. Thomas were on his brief.

No. 109. UNITED STATES v. KING. Appeal from the Circuit Court of the United States for the District of South Carolina. Submitted November 16, 1896. Decided November 30, 1896. Per Curiam. Dismissed on the authority of Chase v. United States, 155 U. S. 489. Mr. Assistant Attorney General Dodge for plaintiffs in error. Mr. J. P. Kennedy Bryan for defendant in error.

In re AMBLER, Petitioner. Ex parte. Original. Argued October 26, 1896. Decided December 7, 1896. Per Curiam. Motions and petitions denied. Augustus I. Ambler, petitioner, in propriâ persona.

No. 591. GREGORY V. VAN EE. Appeal from the Circuit Court for the First Circuit. Submitted November 30, 1896. Decided December 7, 1896. Per Curiam. Dismissed with costs. Mr. F. A, Brooks for appellant. Mr. Russell Gray for appellee.

v.

No. 14. CHICAGO, ST. PAUL, MINNEAPOLIS AND OMAHA RAILWAY COMPANY V. ROBERTS. Error to the Supreme Court of the State of Minnesota. Argued October 14, 15, 1896. Decided December 7, 1896. Per Curiam. Judgment affirmed with costs by a divided court. (Mr. Justice Field took no part in