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Cir., att. ; Kaufman v. United States, 13, onclusion are Koehler v. United United 2d 711; Apodaéa v. United States, In accerd w States, 5 Gis 10 Cir., 18 aw ae @ NAO Court said in United States v. Rabinowich, « 682: ‘That a conspiracy to commit a nt offense from the crime that is the onspiracy. Callan v. Wilscn, 127 US 540; » 1361.' The Court further said: ‘A person may be rin et nH bo ee bo OO td wa ~d co o& uo I La g, although incapable of committing the Qoge ood or "It is acecrdingly the view of the Court that the first count of this indictment is valid against all defendants; that as to the remaining counts in the indict- ment, all cf them are valid against the official defendarts, but invalid against the private individual defendants therein. The metion to dismiss the indictment will thus be sustained in part and overruled in part as indicated, "4, Burrage moves and Price, Akin, Killen, Posey, Rainey, Reberts, Sharpe, Townsend, Tucker and Willis join him in requesting under Criminal Rule 4l(e) that the search under the warrant be adjudged unlawful, and that the property taken be adjudged to have been illegally seized without warrant, or that the warrant be adjudged insufficient on its face, cr that the property seized is not described in the warrant, cr that there was no probable cause for the issuance of the warrart or that the warrant was illegally executed. Evidence was adduced before the Court on this motion, The contenticns and the evidence somewhat overran the bounds of the motion. Some nebulous testimony before the Court was to the effect that government agents with permission had been on open land searching for some clue to the whereabouts of three humar. bodies. No search was made of any improve- ments on the ‘Jolly lands' now belonging to Burrage. No f case of an unreasonable search or seizure is shown. Much 193 = 9R - ay