Dahl v. United States

Citation234 F. 618
Decision Date07 August 1916
Docket Number2724.
PartiesDAHL v. UNITED STATES.
CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)

M. J Gordon, of Seattle, Wash., and J. H. Easterday, of Tacoma Wash., for plaintiff in error.

Clay Allen, U.S. Atty., and Albert Moodie and Winter S. Martin Asst. U.S. Attys., all of Seattle, Wash.

Before GILBERT, ROSS, and HUNT, Circuit Judges.

HUNT Circuit Judge.

Plaintiff in error Dahl and one McGee were jointly indicted for conspiring together and with divers other persons to the grand jurors unknown--

'to violate section 11 of the act of May 6, 1882, as amended and added to by the act of July 5, 1884, * * * in this, that it was the purpose and object of the said conspiracy and of the said conspirators, and each of them, to willfully knowingly, and unlawfully bring and cause to be brought into the United States * * * certain Chinese alien persons not lawfully entitled to enter the United States, * * * and it was further the object and purpose of the said conspiracy to willfully and knowingly aid and abet the bringing of said Chinese aliens into the United States; * * * all in violation of the said mentioned act.'

There are three counts in the indictment, and some 17 overt acts are charged to have been done in pursuance of and to effect the object of the alleged unlawful conspiracy. There was a trial. Evidence was introduced by the government tending to support the allegations of the indictment. Defendant Dahl offered no evidence. The verdict of the jury found the defendant Dahl guilty on all three counts. Thereafter defendant was sentenced to imprisonment. By writ of error the case comes to this court.

The first point urged by plaintiff in error is that the indictment does not allege that the alien persons to be brought into the United States were unknown to the grand jurors, and that the language of the indictment excludes the theory that the conspiracy contemplated generally the bringing in of Chinamen who desired to enter the United States. We do not construe the indictment as limited to a conspiracy to bring certain, particular, known, individual Chinamen into the United States, but as charging that the conspiracy was a general one having for its object the bringing into the country such alien Chinese persons as were not lawfully entitled to come in under the specially referred to acts of Congress. The use of the adjective 'certain,' as applied to alien Chinese, was not to make definite by specifically naming the alien Chinese persons to be brought into the United States, but was evidently intended to be applied to such Chinese aliens generally as under the specific statute were not entitled to come into the United States....

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9 cases
  • United States v. Bogy
    • United States
    • U.S. District Court — Western District of Tennessee
    • September 15, 1936
    ...187, 15 S.Ct. 617, 39 L.Ed. 667; Baker v. United States (C.C.A.) 10 F.(2d) 60; Rudner v. United States (C.C.A.) 281 F. 516; Dahl v. United States (C.C.A.) 234 F. 618; Grace v. United States (C.C.A.) 4 F.(2d) 658; Hedderly v. United States (C.C.A.) 193 F. 561; Mendelson v. United States, 61 ......
  • United States v. Strong
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • January 13, 1920
    ... ... 189, 170 C.C.A. 257; Goldstein v. U.S., 258 F. 908, 168 ... C.C.A. 159; Coldwell v. U.S., 256 F. 805, 168 C.C.A. 151; ... Hickson v. U.S., 258 F. 867, 169 C.C.A. 587; Kirchner v ... U.S., 255 F. 301, 166 C.C.A. 471; Williamson v. U.S., 207 ... U.S. 425, 28 Sup.Ct. 163, 52 L.Ed. 278; Dahl v. U.S., 234 F ... 618, 148 C.C.A. 384 ... Defendant's citations: U.S. v. Schutte (D.C.) 252 ... F. 212; Shaffer v. U.S., 255 F. 886, 167 C.C.A. 206; Herman ... v. U.S., 257 F. 601, 168 C.C.A. 551; Wells v. U.S., 257 F ... 605, 168 C.C.A. 555; Wolf v. U.S., 259 F. 388, 170 C.C.A ... 364; ... ...
  • Weinstein v. United States, 1936.
    • United States
    • U.S. Court of Appeals — First Circuit
    • March 3, 1926
    ...See, also, Taylor v. United States (C. C. A.) 2 F.(2d) 444; Waldeck v. United States (C. C. A.) 2 F.(2d) 243; Dahl v. United States, 234 F. 618, 148 C. C. A. 384; Bailey v. United States (C. C. A.) 5 F.(2d) 437; Williams v. United States (C. C. A.) 3 F.(2d) 933; Norton v. United States (C. ......
  • Bilodeau v. United States
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • October 11, 1926
    ...admissible on the ground that it tended to prove that two of the defendants charged with conspiracy were acquainted. Dahl v. United States, 234 F. 618, 148 C. C. A. 384. The second assignment relates to the testimony of Powers to the effect that after the arrest of Young the officers raided......
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