GILLESPIE v. UNITED STATES

No. 321.

13 F.2d 736 (1926)

GILLESPIE et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

June 29, 1926.


Attorney(s) appearing for the Case

Martin Conboy, of New York City, for plaintiffs in error.

Percy R. Smith, Asst. U. S. Atty., of Buffalo, N. Y.

Before HOUGH, HAND, and MACK, Circuit Judges.


MACK, Circuit Judge (after stating the facts as above).

It was proven that whisky, bearing Canadian labels, was brought within the territorial waters and as to a part thereof remained on the boat when tied up to the soil of the United States, and as to another part was landed upon soil of the United States from the tug described on the night in question, and it was further proven that the men who either fled or surrendered when the first police party arrived at Gratwick...

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