United States v. Kinzo Ichiki

The defendant above named was indicted by the grand jury on the 7th day of March, 1930, charged with a violation of section 144, title 8, USCA. The indictment charges two counts. The first charges that the defendant on or about the 15th day of February, 1930, did willfully and unlawfully bring into and attempt to bring into the United States one certain Japanese person, to wit, Hiehizo Iehiki, an alien; the second count charges him with unlawfully harboring and concealing said Japanese.

At the conclusion of the trial of the ease, the court dismissed the first charge for insufficient evidence and the jury returned a verdict of guilty against the defendant of harboring and concealing.

The defendant thereupon presented a motion in arrest of judgment upon the ground that the statute, section 144, title 8, USCA, did not provide any penalty for the offense of concealing and harboring an alien.

The statute reads as follows:

It will be noted that the penalty provided runs only against the defendant for each and every alien so landed or brought in or attempted to be landed or brought in.

In the case of Whitworth v. United States, 114 F. 302, 304 , Circuit Judge Sanborn of the Court of…