United States v. Ah Kee Eng, and Noh Kan Lee and Sing Fu Chen

LUMBARD, Circuit Judge.

As the proof at the trial was insufficient to support Ah Kee Eng’s conviction for conspiring with Noh Kan Lee and Sing Fu Chen to import and sell heroin in violation of 21 U.S.C.A. § 174, and because of the improper admission of evidence, and prejudicial error in the conduct of the trial judge, we must reverse the conviction.

Section 174 of Title 21 U.S.C.A. makes it unlawful to conspire to commit any of the acts set forth in the first part of the section which punishes anyone who “fraudulently or knowingly imports or brings any narcotic drug into the United States * *…