Fred W. Steiner, John W. Hadzima, Olive Spicuzza, Charles Walker and Roy Pursselley v. United States

Appellants (Fred W. Steiner, John W. Hadzima, Olive Spicuzza, Charles Walker and Roy Pursselley) and others were indicted in the District Court for the Southern District of California. The indictment was in 11 counts. Appellants pleaded not guilty and had a jury trial, in the course of which counts 2, 3, 4, 5, 6 and 7 were dismissed. The jury returned verdicts finding Steiner and Hadzima guilty on counts 1, 8, 9, 10 and 11, Spicuzza guilty on counts 1, 8 and 9, Walker guilty on counts 1, 10 and 11 and Pursselley guilty on count 1 only. From judgments entered on these verdicts appellants appeal.

Appellants contend that the indictment failed to charge an offense against the United States, thus, in effect, contending that each of counts 1, 8, 9, 10 and 11 failed to charge such an offense.

Count 1 alleged, in substance, that on December 10, 1949, and continuously thereafter until August 5, 1953, in the Southern Division of the Southern District of California, appellants, their co-defendants and others conspired to commit offenses against the United States, namely, violations of 18 U.S.C.A. § 545 , by knowingly and willfully, with intent to defraud the United States, smuggling and…