Yip Wah v. United States
| Decision Date | 26 October 1925 |
| Docket Number | No. 4598.,4598. |
| Citation | 8 F.2d 478 |
| Parties | YIP WAH et al. v. UNITED STATES. |
| Court | U.S. Court of Appeals — Ninth Circuit |
G. F. Vanderveer, of Seattle, Wash., and L. B. Sulgrove, of Tacoma, Wash., for plaintiffs in error.
Thos. P. Revelle, U. S. Atty., and Carroll A. Gordon, Asst. U. S. Atty., both of Seattle, Wash. (W. W. Mount, Asst. U. S. Atty., of Tacoma, Wash., on the brief), for the United States.
Before GILBERT, RUDKIN, and McCAMANT, Circuit Judges.
The plaintiffs in error were convicted under two counts of an indictment. The first count charged them with conspiracy to receive, conceal, buy, sell, and facilitate the transportation of smoking opium. The second charged them with feloniously receiving, concealing, buying, selling, and facilitating in the transportation of certain described smoking opium, knowing the same to have been imported contrary to law.
It was shown in evidence that the plaintiffs in error, together with one Herbert M. Samuels, went from San Francisco to Grays Harbor, and there received from a vessel lying in the harbor a large quantity of smoking opium, consisting of approximately 1,000 tins, which they thereupon packed in six trunks for transportation to San Francisco, for which point they purchased tickets and checked the trunks. While being placed on the train, one of the trunks was accidentally broken open, and two cans of opium fell out. The baggage master, on discovering that fact, notified a deputy collector of customs, and later the plaintiffs in error were arrested and removed from the train, and the six trunks containing the opium were seized, and were opened with keys taken from the person of Harry Tom. The plaintiffs in error were searched, and from their persons were taken certain documents which, on the trial, were admitted in evidence.
It is contended that the demurrer to the first count of the indictment should have been sustained, on the ground that it is duplicitous in charging a conspiracy to receive, conceal, buy, sell, and facilitate the transportation, concealment, and sale of smoking opium. The demurrer was properly overruled. In Frohwerk v. United States, 249 U. S. 209, 39 S. Ct. 252, 63 L. Ed. 561, it was said: Similar indictments have been sustained by this court in Shepard v. United States, 236 F. 73, 149 C. C. A. 283; Proffitt v. United States (C. C. A.) 264 F. 299; Ukichi v. United States (C. C. A.) 281 F. 525.
The demurrer to the second count was also properly overruled. That count but sets forth a series of acts consecutively performed in committing a crime relating to certain specified and described smoking opium, and it follows...
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