Baker v. United States

SIBLEY, Circuit Judge.

Norman Baker and E. R. Rood were indicted and convicted for conspiring to violate, and for violating, section 325 (b) of the Communications Act of 1934, 48 Stat. p. 1091, 47 U.S.C.A. § 325(b). Only one of their contentions, raised by demurrer and by motion for directed verdict and by request to charge, needs to be considered, to wit, that what they were doing is not a violation of the statute properly construed.

Baker was operating a radio broadcasting station in Mexico, near the international boundary, which could be heard over a great part of the United States. In…