Jung Quey v. United States
Opinion
lead Opinion
Ross, J.
Section 37 of the Criminal Code of the United States, as amended (Act March 4, 1909, c. 321, 35 Stat. 1096 [Comp. St. 1913, § 10201]), declares:
By its act of January 17, 1914, entitled “An act to amend an act entitled 'An act to prohibit the importátion and usé of opium for other than medicinal purposes’ ” (St. Leg. 1913-14, p. 275, c. 9), Congress provided as follows:
Under those laws the plaintiffs in error were indicted in the court below — the indictment containing two counts. The first count charged in substance that within the jurisdiction of the court below, and on the 29th day of January, 1914, they and one Yik Tat willfully, unlawfully, and feloniously conspired and agreed together, and with divers other persons to the grand jurors unknown, to willfully, unlawfully, and knowingly import, and assist in so doing, from some foreign port or place to the grand jurors unknown, seven skins or bladders containing 14 pounds of opium prepared for smoking purposes, contrary to law; that the said conspiracy continued in existence to and including the commission of the overt acts alleged, and that in furtherance of the said conspiracy, and to effect and accomplish the object…