Stewart

Stewart v. United States

Good Law
12 F.2d 524·1926 U.S. App. LEXIS 3286
United States Court of Appeals for the Ninth CircuitMay 3, 1926No. 4496California715 words

Opinion

Lead Opinion

Rudkin, J.

The indictment in this ease contains four counts, and names numerous defendants. The first and fourth counts charge conspiracies to commit certain offenses against the United States. The second count charges that the defendants did knowingly, willfully, unlawfully and feloniously, and with intent to defraud the revenues of the United States, smuggle and clandestinely bring into the United States from the Dominion of Canada certain intoxicating liquors without having the same invoiced and without having paid the duty prescribed by law. The third count charges that the defendants did knowingly, willfully, unlawfully, and feloniously, and with intent to defraud the revenues of the United States, smuggle and clandestinely bring into the United States from the Dominion of Canada the same intoxicating liquors without having first obtained a permit from .the Commissioner of Internal Revenue of the United States.

As to the defendant Stewart, the jury returned a verdict of guilty as to counts 2 and 3, and not guilty as to counts 1 and 4; as to the defendant Kubota, a verdict of guilty as to counts 1, 2, and 3, and not guilty as to count 4; as to the defendant Miller, a verdict of guilty…

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