Marino

Forty-six defendants were indicted charging a conspiracy ( 18 U.S.C.A. § 88 ) to violate certain tariff and revenue laws of the United States. A number of defendants pleaded guilty; twelve of them were tried, of whom six were convicted; and four of the six who were convicted have appealed to this court.

The indictment charged that defendants “on or about the 1st day of August, 1934, and continuously thereafter down to and including the date of finding and presenting of this indictment * * which was on March 12, 1936, conspired to violate 19 U.S.C.A. § 1593 (a) and (b), and 26 U.S. C.A. §§ 1152g, 1287, 1440, and 1441. The indictment charges: “That it was the purpose and object of said conspiracy and of the said conspirators and each of them, to wilfully, knowingly, unlawfully, feloniously and maliciously transport from the Republic of Mexico, and surreptitiously import, smuggle into and land in the United States alcohol and alcoholic liquors without declaring the same as required by law, and without paying the duties thereon imposed by law, and of concealing, transporting, dealing in, possessing and selling alcohol and alcoholic liquors so smuggled into the United States and…