Linden v. United States

WOOLLEY, Circuit Judge.

When running a boat loaded with whisky inside of Sandy Hook, Linden, Coose and Philbrook were overtaken by two inspectors of customs and arrested. 296 F. 104. An indictment containing six counts was found against them. The fourth count charged conspiracy (under section 37 of the Criminal Code, Comp. Stat. § 10201) to possess and transport intoxicating liquors in violation of the National Prohibition Act (41 Stat. 305, Comp. Stat. Ann. Supp. 1923, § 1013814 et seq.), and the sixth charged the unlawful possession of intoxicating liquors in violation of the same Act. A…