Boyd

Boyd v. United States

Bad Law
30 F.2d 900·1929 U.S. App. LEXIS 2561
United States Court of Appeals for the Ninth CircuitFebruary 25, 1929No. 5575California915 words

Opinion

Lead Opinion

Bean, J.

The defendant was convicted for a violation of the Jones-Miller Act, which makes it a crime for any person to “fraudulently or knowingly import or bring any narcotic drugs into the United States * * * contrary to law, * * * or receive, conceal * * * or in any manner facilitate the transportation, concealment * * * of any such narcotic drug after being imported or brought in, knowing the same to have been imported contrary to law.” '21 USCA § 174. He appeals, assigning error of the trial court in the admission in evidence of certain narcotics, and overruling a motion for a new trial.

The evidence for the government disclosed that on October 4,1927, at Calexico, Cal., the defendant engaged a hotel porter to take a handbag to the railway station, and there cheek it over the Southern Pacific Railway to Los Angeles on a passenger ticket provided by the defendant. The porter did so, and returned the ticket and baggage cheek to the defendant, and the bag was placed in the baggage car of the Los Angeles train. About that time, or shortly thereafter, a customs-house officer observed the defendant on the street in his shirt sleeves, working with his shirt cuff. After watching him a short…

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