MANTON, Circuit Judge.
The indictment charged the defendant with crime in eight counts, but one of which was submitted to the jury. That count charged that on the 28th of January, 1926, while the plaintiff in error was a passenger on an international train from Montreal to New York, he did, within the district of Vermont, with intent to evade the payment of certain duties on some unset cut diamonds of great value, unlawfully, willfully, knowingly, and feloniously...
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