Legal Opinion

United States v. Butt

Supreme Court of the United States

Decided November 8, 1920No. 275PublishedCited by 16 opinions

ERROR to the district court of the united states for . THE NORTHERN DISTRICT OF CALIFORNIA. Writ of error under the Criminal Appeals Act (c. 2564, 34 Stat. 1246), to review a judgment sustaining a motion to quash an indictment charging defendant with bringing certain Chinese aliens into the United States, viz., into the bay and port of San Francisco by vessel, in violation of § 8 of the Immigration Act of February 5, 1917, c. 29, 39 Stat. 880, which reads as follows: “That…

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ERROR to the district court of the united states for . THE NORTHERN DISTRICT OF CALIFORNIA. Writ of error under the Criminal Appeals Act (c. 2564, 34 Stat. 1246), to review a judgment sustaining a motion to quash an indictment charging defendant with bringing certain Chinese aliens into the United States, viz., into the bay and port of San Francisco by vessel, in violation of § 8 of the Immigration Act of February 5, 1917, c. 29, 39 Stat. 880, which reads as follows: “That any person, including the master, agent, owner, or consignee of any vessel, who shall bring into or land in the United…

1Opinion of the CourtJustice McKenna

Error to review a judgment of the District Court quashing an indictment against defendant in error, Butt, which charged him with feloniously bringing four Chinese aliens into the United States, in violation of the Immigration Act of February 5, 1917, c.' 29, 39 Stat. 874, 880.

The legality of the ruling depends upon the coexistence of that act with the Chinese Exclusion Act of July 5, 1884, c. 220, 23 Stat. 115, 117.

We may use in exposition of the case the memorandum of the District Court (Judge Rudkin). It appears therefrom that an earlier indictment was presented against Butt charging him in…

2Cases cited2 opinions

  1. United States v. Wong YouSupreme Court of the United States · 1912
  2. United States v. Woo JanSupreme Court of the United States · 1918

3Cited by16 opinions

  1. Bank of Commerce & Trust Co. v. SenterTennessee Supreme Court · 1923
  2. Milam v. United StatesCourt of Appeals for the Fourth Circuit · 1924
  3. Des Moines Terminal Co. v. Des Moines Union Ry. Co.Court of Appeals for the Eighth Circuit · 1931
  4. The DenelfredDistrict Court, E.D. Michigan · 1932
  5. United States v. One Ford TruckDistrict Court, D. Wyoming · 1932

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