White

On October 2, 1946, the defendants were indicted (No. 18908) for harboring aliens under 8 U.S.C.A. § 144 . Upon motion the court dismissed the indictment on the ground that while the section prohibited the acts charged, it provided no punishment and hence no offense could be stated. United States v. Kinzo Ichiki, D.C.1930, 43 F.2d 1007 ; United States v. Niroku Komai, D.C.1923, 286 F. 450 . The defendants were then indicted (No. 18944) on October 15, 194-6, on three counts: the first count charging a conspiracy to violate 18 U.S.C.A. § 80 ; and the second count charging substantive offenses under 18 U.S.C.A. § 80 , in that the defendants, “did knowingly and wilfully conceal and cover up by trick, scheme, and device, and aid in concealing and covering up by trick, scheme, and device, a material fact, namely, the whereabouts of fifty-one Mexican aliens illegally in the United States, in a matter within the jurisdiction of the United States Immigration and Naturalization Service of the United States Department of Justice, namely, the matter of the detection and apprehension of aliens illegally in the United States, by placing said Mexican aliens in a closed and covered van, by…