Harold G. Bauer v. United States

Harold G. Bauer was indicted, charged with possession of gold bullion on February 12, 1954, in violation of 12 U.S.C.A. § 95a and Executive Order No. 6260, as amended, 12 U.S.C.A. § 95a note. He was tried by a jury, convicted and sentenced to imprisonment for 90 days. During the course of the proceedings, he made motions to dismiss the indictment, for a new trial, and to arrest judgment, all of which motions were denied by the trial court. Appeal was taken from the judgment of conviction. There is no question about the facts, and defendant raises none. There was no error at the trial. The conviction was just and must stand if the acts admittedly done constituted a crime.

The sole substantial question is whether there was in force and effect on February 12, 1954, the date of the alleged commission of the offense, any law or regulation under which the judgment of conviction could be sustained. The acts were criminal if Executive Order No. 6260, as amended, was still in effect on that day.

This Executive Order was promulgated on August 28, 1933, during a period declared by the President to be a national emergency. Title 12 U.S.C.A. § 95a was an Act passed during the first World…