SMITH v. UNITED STATES

No. 5220.

24 F.2d 907 (1928)

SMITH v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

March 28, 1928.


Attorney(s) appearing for the Case

H. S. Phillips, of Tampa, Fla., for plaintiff in error.

Wm. M. Gober, U. S. Atty., of Tampa, Fla., and Francis L. Poor, Asst. U. S. Atty., of Jacksonville, Fla.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


WALKER, Circuit Judge.

The plaintiff in error, Harrison Smith, was convicted in the same trial and under the same counts of the indictment which were under consideration in the case of Emmanuel v. United States, 24 F.2d 905, United States Circuit Court of Appeals, present term. There was evidence tending to prove that at or about the time the aliens mentioned in the indictment, after being brought in the Ariel from Cuba to a point...

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