Gandara v. United States

WILBUR, Circuit Judge.

The plaintiff in error was convicted of violating the provisions of the Criminal Code, Rev. Stat. § 5286 (vol. 18 USCA § 25). A group of from 20 to 150 armed Yaqui Indians, who had been engaged with several thousand other Yaqui Indians in an insurrection in Mexico, which had been in progress for several years, came to Tucson, Ariz., to secure arms and ammunition and to return to resume hostilities.

Plaintiff in error furnished them arms and ammunition to return to Mexico and to continue their operations against the Mexican government. He contends that, inasmuch as the…