I dissent from tlie opinion and judgment of the court on ,the grounds stated in the dissenting opinions in the cases of Miller v. United States, and Tyler v. *114Defrees, reported in'the 11th of Wallace, so far as they are applicable to the facts of/ this, case; and on the further ground; that the libel of iiiformation is fatally defective in charging no one offence positively, but several offences in the alternative.
Mr. Justice .DAVIS alsf> dissented. Mr. Justice BRADLEN, not having heard the argument, took no part in the judgment.