Casey

Appellants were jointly indicted for violating provisions of the Federal Communications Act, 47 U.S.C.A. § 151 et seq., hereinafter referred to as the “Act.” The indictment contained seven counts.

The first three counts charged that the appellants violated § 301 of the Act in that they “did unlawfully, willfully, and knowingly use and operate certain apparatus for the transmission of energy, communications, and signals by radio without a station license” issued by the Federal Communications Commission, hereinafter called the “’Commission.” In one of such counts, the communication was from Seattle to Portland; in another, from Seattle to a vessel sailing upon navigable waters; and in the third, from one place to another place in the State of Washington but the effects thereof extended beyond the borders of such State.

The second three counts charged that the appellants violated § 318 of the Act, in that they used and operated the apparatus and transmitted the communications and signals by radio without a radio operator’s license issued by the Commission. The seventh count charged appellants with a conspiracy. The defendants were convicted on the first six counts and were…