Quong Duck v. United States

HUNT, Circuit Judge.

Quong Duck was indicted in the first count for concealing and selling opium prepared for smoking, and in the second count for facilitating the transportation, concealment, and sale of opium. He was acquitted under the first count and convicted under the second count, and was sentenced to five years’ imprisonment and to pay a fine of $1,000. He brought writ of error.

After the evidence was concluded and argument was had, the jury returned to the courtroom, where the following proceedings occurred:

“The Court: Gentlemen of the jury, have you agreed upon a verdict?

“The Foreman:…