Ernest Nelson Murray, and Charlotte Agnes Murray v. United States

This is an appeal by two defendants (Ernest Nelson Murray and Charlotte Agnes Murray) from a jury verdict convicting them on three counts of a five count indictment against them and two co-defendants, Schrier and McCormick. Count I, charged a conspiracy to smuggle into this country from Mexico psittacine birds ( 18 U.S.C.A. § 371 ); Count II, charged the smuggling of forty-two of such birds on or about February 1, 1956 ( 18 U.S.C.A. § 545 ); Count III, charged the receiving, concealing and transporting of said birds on or about February 1, 1956 ( 18 U.S.C.A. § 545 ). Count IV, charging the subsequent act of smuggling seventeen birds on February 16, 1956, and Count V, charging the receipt, concealment and transportation of the same birds on the same date, were dismissed by the trial court on motion of the government. Also dismissed were overt acts four and seven charged in the conspiracy count, both occurring after the court ruled the conspiracy had come to an end at the time of the arrest of co-defendants Schrier and McCormick on February 1, 1956. Schrier pleaded guilty to Counts I, II and III, and testified against the appellants. McCormick was subsequently indicted on a lesser…