United States v. Claybourn

JAMES M. CARTER,

District Judge.

This criminal case, tried without a jury, raises the interesting question as to whether a defendant who carried merchandise in his automobile across the International border from the United States to Mexico, then returned with the same merchandise in the car, and did nothing with the merchandise in Mexico, violated the provisions of Title 18 U. S. C., § 545. 1

The indictment charges: “On or about November'4, 1959, in San Diego county, within the southern division of the southern district of California, defendant R. E. Claybourn, with intent to defraud the United…