Martinez-Gonzales

The defendant Martinez was charged with another in a single count indictment with violation of 8 U.S.C.A. § 144 concerning four aliens named therein. The Section is commonly referred to as the Smuggling Aliens Statute. His codefendant was acquitted by the court on a Motion for a Judgment of Acquittal at the end of the evidence. The jury brought in a verdict which found Martinez guilty for violation as to only one alien.

The verdict reads:

Upon receipt of the verdict the Judge accepted it and entered judgment of guilty as to the one alien in accord with the jury’s verdict. After discussion with counsel and upon motion of the U. S. Attorney, the court directed the entry of a verdict of acquittal as to the three aliens named in the indictment which were left blank in the verdict.

The defendant makes a motion in arrest of judgment, and in support thereof asserts that an indictment is duplicitous if a judgment of guilty and not guilty as to one count can be, or is made.

It is a well settled principle of law that an indictment which charges more than one substantive offense in one count is 'bad for duplicity. A substantive offense is one which is complete of itself and not dependent…