Nicoli v. Briggs

McDERMOTT, Circuit Judge.

Nicoli, confessedly an alien, pled guilty to an indictment charging him with the sale on December 30, 1932, of narcotics not from the original stamped package and upon which the tax had not been paid. The statute, 8 U.S.C.A. § 156a, directing deportation of aliens who were convicted after February 18, 1931, of violating the narcotic act, the Secretary of Labor, after a hearing, ordered his return to Italy. Thereupon this petition for a writ of habeas corpus was sued out, alleging that the charge in the warrant of arrest was multiplicitous; that petitioner was not…