Linden v. United States

WOOLLEY, Circuit Judge.

On the night of January 11,1923, Linden, Coose, and Philbrook were running a boat loaded with whisky on the Shrewsbury river inside of Sandy Hook. They were overtaken by two inspectors of customs and arrested. Later .the three men were tried on an indictment containing five counts, the first charging conspiracy (under section 37 of the Criminal Code [Comp. St. § 10201]) to violate section 593 of chapter 356 of the Laws of 1922 (Comp. St. Ann. Supp. 1923, §§ 5841hl2, 5841hl3); the second and third, violations of the cited section and chapter; the fourth, conspiracy…