Lau Lee v. United States

Appellants were convicted on two counts of an indictment filed in the District Court of the United States for the Territory of Hawaii. The first count charged that the appellants conspired with certain other defendants named in the indictment to import smoking opium and opium prepared for smoking in violation of section 174, title 21, USCA. The second count charged that the defendants imported from Hongkong into the United States 22,2.51 ounces of smoking opium and opium prepared for smoking.

The bill of exceptions is contained in the transcript from pages 118 to 233, inclusive. It does not purport to contain all the evidence or all the instructions. The attorneys for the government quote evidence from the “transcript of ‘testimony” taken at the trial, which is not before us, and incorporate the same in their brief by quotation and also by reference. The matters thus' referred to are not a part of the record which can be considered by us on appeal, and we are at a loss to understand why counsel have indulged in this course of action. The transcript in this *157 case incorporates many matters which are not included in the bill of exceptions and are not properly a part of the…