Thomas R. Lile v. United States

[1] Defendant Lile was indicted with other persons for the crime of conspiracy. The charge of the indictment is set out in full as follows:

Defendant Ferguson entered a plea of guilty in California, pursuant to Rule 20, Federal Rules of Criminal Procedure, 18 U.S.C. Lile and Morgan went on trial in Alaska and were convicted by verdict of a jury. Judgment was entered, and a sentence of one year, together with a fine of $300 and one-half the costs of trial, was imposed upon Lile. The sentence of Lile was suspended, and he was placed on probation from the imprisonment. Motion for new trial was then denied, and Lile alone appealed.

The proof showed that Morgan, Whiles and Ferguson drove to Alaska in a car purchased by the former. Lile gave Morgan $500 at the time of the purchase and $100.00 additional to pay for the trip when the three above named drove to Yosemite Park to consult with Lile before departure for Alaska. According to the plan, to which all agreed, these three were to go to Fairbanks and acquire a pick-up truck. The government contends that the purpose of acquiring the truck was to haul back black market gold. The evidence indicates that there was a criminal purpose in…