5 F.2d 712 (W.D.Wash. 1925), 9165, United States v. Olmstead

Docket Nº:9165.
Citation:5 F.2d 712
Party Name:UNITED STATES v. OLMSTEAD et al.
Case Date:May 13, 1925
Court:United States District Courts, 9th Circuit, Western District of Washington
 
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Page 712

5 F.2d 712 (W.D.Wash. 1925)

UNITED STATES

v.

OLMSTEAD et al.

No. 9165.

United States District Court, W.D. Washington, Northern Division.

May 13, 1925

Page 713

J. L. Finch, of Seattle, Wash., for defendants Olmstead and others.

Edward H. Chavelle and Joseph H. Griffin, both of Seattle, Wash., for certain defendants.

The indictment charges 90 defendants under four counts. Count 1 charges a conspiracy entered into about the 1st day of June, 1923,' * * * to violate the National Prohibition Act, * * * it being * * * the * * * object of said conspiracy to knowingly * * * and unlawfully import, transport, and possess * * * certain intoxicating * * * whisky * * * containing more than one-half of 1 per centum of alcohol by volume and fit for beverage purposes, * * * such possession being intended * * * for the purpose of * * * selling * * * in violation of the National Prohibition Act,' and in violation of said act (Comp. St. Ann. Supp. 1923, Sec. 10138 1/4 et seq.) to maintain a common nuisance by selling whisky, etc., at named places. A number of overt acts are charged, the first of which is April 17, 1924.

Count 2 charges conspiracy ' * * * to violate the National Prohibition Act, it being * * * the * * * object of said conspiracy * * * to * * * unlawfully barter, sell, deliver, and furnish certain intoxicating liquors * * * containing more than one-half of 1 per centum of alcohol by volume and fit for beverage purposes, * * * such bartering * * * being * * * prohibited by said act of Congress,' and charges a number of overt acts.

Count 3 charges conspiracy to violate 'the Tariff Act, * * * it being * * * the * * * object to * * * feloniously * * * defraud the revenue of the United States, to smuggle * * * into the United States from British Columbia, Dominion of Canada, certain * * * intoxicating liquors fit for beverage purposes, containing more than one-half of 1 per centum of alcohol by volume; * * * that it was * * * the * * * object of said conspirators * * * feloniously not to declare or report the entry of the said prohibited merchandise,' charging a number of overt acts.

Count 4 charges in substance conspiracy to defraud the revenue of the United States by smuggling into the United States, from British Columbia, intoxicating liquor fit for beverage purposes, containing the prohibited alcoholic content, without having obtained a permit, all in violation of law; that it was the purpose not to declare the entry of such merchandise.

Each count of the indictment contains, after naming the defendants, the division, and district, the following: ' * * * Then and there being, did then and there knowingly, willfully, unlawfully, and feloniously combine, conspire, confederate, and agree together and with each other, and together with sundry and divers other persons to the grand jurors unknown, to commit certain offenses against the United States of America.'

General and special demurrers have been presented to the indictment by many of the defendants upon the ground that the indictment does not allege sufficient facts, fails to particularize or identify the offense, fails to charge the particular defendant with any particular act, is vague and indefinite, that the indictment is bad for duplicity, and that counts 1 and 2 charge a conspiracy to violate the National Prohibition Act, and counts 3 and 4 the Tariff Act.

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