Toy v. United States
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Charley Toy and Lee Gip were prosecuted by the'United States, and convicted under two indictments, one for concealing smoking opium, the other for manufacturing smoking opium, and they bring error.
1Opinion of the Court
MANTON, Circuit Judge.
The defendant in error has asked for, and has been granted, a reargument on this writ of error, appealing *327from a judgment of conviction of the crime of concealing smoking opium and manufacturing smoking opium. We heretofore reversed the judgment of conviction, for the reason that, as announced in the opinion filed, error was committed by the trial court in placing the plaintiffs in error on trial on two indictments charging inconsistent offenses, and further that it was incumbent upon the government to prove that the opium in question was in fact imported. We held, in…
2Cases cited8 opinions
- Luria v. United StatesSupreme Court of the United States · 1913
- Thompson v. MissouriSupreme Court of the United States · 1898
- Gee Woe v. United StatesCourt of Appeals for the Fifth Circuit · 1918
- Webb v. DenSupreme Court of the United States · 1854
- United States v. Yee FingDistrict Court, D. Montana · 1915
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3Cited by20 opinions
- Turner v. United StatesSupreme Court of the United States · 1970
- Yee Hem v. United StatesSupreme Court of the United States · 1925
- Nathan Shurman and Louis Chebatt v. United StatesCourt of Appeals for the Fifth Circuit · 1955
- Marcelino Perea Velasquez v. United StatesCourt of Appeals for the Tenth Circuit · 1957
- United States v. Edward Bernard PeeplesCourt of Appeals for the Second Circuit · 1967
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