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UNITED STATES v. TELLO

No. 6082.

6 F.2d 579 (1925)

UNITED STATES v. TELLO et al.

District Court, D. Massachusetts.

June 15, 1925.

Attorney(s) appearing for the Case

The United States Attorney.

Daniel A. Shea and Leo A. Rogers, both of Boston, Mass., for defendants.

MORTON, District Judge.

This demurrer presents questions both of form and of substance.

As to counts I, III, and IV: In view of U. S. v. Bowman, 260 U.S. 94, 43 S.Ct. 39, 67 L. Ed. 149, it is in my opinion a crime under section 37 of the Criminal Code (Comp. St. § 10201) for two or more persons on an American vessel on the high seas to conspire together to smuggle dutiable or prohibited merchandise into this country. Count...

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