McGill

McGill v. United States

Good Law
28 F.2d 572·1929 A.M.C. 151·1928 U.S. App. LEXIS 2385
United States Court of Appeals for the Ninth CircuitOctober 15, 1928No. 5463California652 words

Opinion

Lead Opinion

Rudkin, J.

Section 593 of the Tariff Act of 1922, 42 Stat. 982 (19 USC A §§ 496, 497), provides that, if any person knowingly and willfully, with intent to defraud the revenue of the United States, smuggles, or clandestinely introduces, into the United States any merchandise which should have been invoiced, every sueh person, his, her, or their aiders and abettors, shall be deemed guilty of a misdemeanor.

The first count of the indictment charges that at Port Angeles harbor, in the Northern division of the Western district of Washington, the defendant did knowingly, willfully, unlawfully, and feloniously, and with intent to defraud the revenue of the United States, smuggle and clandestinely introduce into the United States, from a foreign country, certain intoxicating-liquors which should have been invoiced, the importation of which in the manner aforesaid was prohibited by law. The testimony on the part of the government tended to prove that about 9 o’clock in the evening of March 6,1927, officers of the Coast Guard sighted a boat without lights coming around the sand spit which extends from the main land about 2Yz or 3 miles from the Port Angeles harbor. The Coast Guard followed the boat…

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