Dahl

Dahl v. United States

Good Law
148 C.C.A. 384·234 F. 618·1916 U.S. App. LEXIS 2125
United States Court of Appeals for the Ninth CircuitAugust 7, 1916No. 2724California772 words

Opinion

lead Opinion

Hunt, J.

Plaintiff in error Dahl and one McGee were jointly indicted for conspiring together and with divers other persons to the grand jurors unknown—

There are three counts in the indictment, and some 17 overt acts are charged to have been done in pursuance of and to effect the object of the alleged unlawful conspiracy. 'There was a trial. Evidence was introduced by the government tending to support the allegations of the indictment. Defendant Dahl offered no evidence. The verdict of the jury found the defendant Dahl guilty on all three counts. Thereafter defendant was sentenced to imprisonment. By writ of error the case comes to this court.

[1] The ñrst point urged by plaintiff in error is that the indictment does not allege that the alien persons to be brought into the United States were unknown to the grand jurors, and that the language of the indictment excludes the theory that the conspiracy contemplated generally the bringing in of Chinamen who desired to enter the United States. We do not construe the indictment as limited to a conspiracy to bring certain, particular, known, individual Chinamen into the United States, hut as charging that the conspiracy was a general one having…

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