West v. United States

MUNGER, District Judge.

The indictment in this ease contained three counts. A demurrer was sustained as to the second count. The jury found the plaintiff in error guilty as charged in the first and second counts. Sentence was imposed under the first and third counts. Because of this error the judgment must be reversed, as far as it imposed sentence under the third count. The first count charged that plaintiff in error knowingly and willfully, and with intent to defraud the revenue of the United States, smuggled and clandestinely introduced into the United States merchandise consisting of a…