KWONG HOW v. UNITED STATES

No. 7327.

71 F.2d 71 (1934)

KWONG HOW v. UNITED STATES. LOO CHOO v. SAME.

Circuit Court of Appeals, Ninth Circuit.

May 31, 1934.


Attorney(s) appearing for the Case

Allan A. Bynon and Chas. W. Erskine, both of Portland, Or., for appellants.

Carl C. Donaugh, U. S. Atty., and Edwin D. Hicks and Mason Dillard, Asst. U. S. Attys., all of Portland, Or., for the United States.

Before WILBUR, SAWTELLE, and GARRECHT, Circuit Judges.


GARRECHT, Circuit Judge.

The appellants, Kwong How and Loo Choo were, on the 5th day of June, 1933, separately indicted for violation of the Harrison Anti-Narcotic Act, § 9 (26 USCA § 705), and the Jones-Miller Act, § 1 (21 USCA § 174). By stipulation of counsel the two cases were tried at the same time and before the same jury. Appellant Kwong How was indicted on five counts, and was found guilty only as to count 3, which charged that the defendant...

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