Goon v. United States
| Citation | 15 F.2d 841 |
| Decision Date | 15 November 1926 |
| Docket Number | No. 4729.,4729. |
| Parties | GOON v. UNITED STATES. |
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
Fred G. Remann and W. W. Mount, both of Tacoma, Wash., for plaintiff in error.
Thos. P. Revelle, U. S. Atty., and C. T. McKinney, Asst. U. S. Atty., both of Seattle, Wash.
Before RUDKIN, Circuit Judge, and DIETRICH and KERRIGAN, District Judges.
Plaintiff in error Mark Goon and one Ga Lee were indicted under what is commonly called the Jones-Miller Narcotic Act (42 Stat. 596), and were convicted of concealing opium, knowing the same to have been unlawfully imported into the United States.
Briefly, the evidence shows that government agents went to a certain hotel in Seattle, Wash., on November 26, 1924, and while watching outside they saw Mark Goon enter the hotel. They followed him to the third floor. He walked past his room, and when he saw the agents he "tried to go to the toilet." He was told to go to his room, and replied that he had no room there. About that time the hotel maid appeared, and Goon said to her, "I have room 325, understand." The maid opened the door to room 326, which the agents searched, and there found narcotics. While conducting the search, Ga Lee arrived, inserted a key in the door and entered. He was searched by the agents, and both yen shee and smoking opium were found on his person. Nothing in the nature of narcotics was found on the person of Mark Goon.
The hotel clerk testified that one week previously, on November 19th, Mark Goon registered and paid a week's rent for room 326, which was thereafter occupied by two "Chinese boys." Mark Goon testified that he stayed there only two nights and then turned the room over to Ga Lee, when he left for Tacoma, and that after returning to Seattle on the night of November 22d he stayed with a friend. He further testified that Ga Lee was his secretary, whom he paid for his services as such $80 a month, and disclaimed all knowledge of the opium found in the room. Ga Lee made no denial concerning his possession or knowledge of the narcotics, other than his formal plea of not guilty, and his testimony tended to corroborate that of Mark Goon. It would appear from the record that the former endeavored to assume responsibility for the presence of the narcotics where found. However, no claim is made that the evidence is insufficient to support the verdict of the jury as against both defendants.
In support of the writ it is claimed that the District...
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