Pacific Indemnity Co. v. United States

Good Law
65 F.2d 249·1933 U.S. App. LEXIS 2971
United States Court of Appeals for the Ninth CircuitMay 15, 1933No. 7089California652 words

Opinion

Lead Opinion

Sawtelle, J.

March 22, 1929, one Gingras was arraigned before the United States commissioner at Los Angeles on an affidavit of complaint charging Gingras and one Bomberg with a violation of section 593 of the Tariff Act of 1922 (19 USCA §§ 496, 497), in that they imported 264. cases of intoxicating liquor into the United States on March 20,1929. Appellant surety company posted a $2,500 bail bond for Gingras with the commissioner.

May 4,1929, after several continuances of the hearing before the commissioner, the defendants waived examination and were held to answer to the grand jury.

Thereafter, on July 23, 1929, the United States attorney filed an information against the defendants charging them with possession of the above-mentioned intoxicating liquor in violation Of the National Prohibition Act (27 USCA § 1 et seq.); the ease being docketed as No. 9760-H in the court below.

February 14, 1930, Gingras posted a $1,-000 bail bond in ease No. 9760-H; appellant again acting as his surety.

March 20,1930, the complaint filed before the commissioner and the $2,500 bail bond previously filed with the commissioner were filed in the office of the clerk of the court below.

Thereafter, on April 9,…

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