Woo Lai Chun v. United States
Opinion
Opinion
Barnes, J.
On May 15, 1958, appellant (Woo Lai Chun) and others were indicted in the-United States District Court for the Northern District of California, Southern Division. The indictment was in nine counts. We are here concerned only with counts six and eight.
Count six charged that appellant, “did, on or about June 5, 1956, in San Francisco, Northern District of California, willfully import, transport and deal in, without authority from the Secretary of the Treasury, merchandise originating in China and drugs and prepared medicines of Chinese type, to wit, pills, herbs, powders, ointments and liquids,” in violation of 50 U.S.C.A. Appendix, § 5(b), and regulations issued thereunder, including 31 CFE § 500.204. Count eight charged a similar violation occurring on or about March 1,1957.
Prior to trial, appellant filed in the district court a motion entitled “Motion to Suppress Evidence,” which was heard and denied. Thereafter, appellant had a jury trial and was found guilty on counts six and eight. A judgment of conviction was entered, sentencing appellant to pay a fine of §1,000 and placing him on probation for two years. From that judgment this appeal was taken.