Weedin

The appellee, a Chinese alien, for 43 years a resident of the United States, pleaded guilty to an indictment which charged him with the crime of receiving and concealing narcotic drugs, in that he “did unlawfully and feloniously receive and conceal narcotic drugs, to wit, 120 grains of smoking opium, after the same had been imported into tbe United States, he, the said Moy Fat, then and there well knowing the same to have been imported contrary to law.” He was sentenced to two months’ imprisonment, and at the expiration of said term he was held by' the Commissioner of Immigration by virtue of a warrant of deportation issued by tbe Secretary of Labor under the provisions of section 2, sudb. (e), of the Act of February 9, 1909, as amended by tbe Act of May 26, 1922, § 1 (Comp. St. Ann. Supp. 1923, § 8801). Upon the hearing on a writ of habeas corpus which he sued out, the court below released him under bond pending the Commissioner’s appeal from the order.

We are unable to agree with the appellee’s contention that tbe judgment is sustainable on tbe ground that tbe indictment fails to charge an offense against tbe laws of the United States. It is a controlling principle of the…