Smith v. United States

WALKER, Circuit Judge.

The' plaintiff in error, Harrison Smith, was convicted in the same trial and under the same counts of the indictment which were under consideration in the ease of Emmanuel v. United States, 24 F.(2d) 905, United States Circuit Court of Appeals, present term. There was evidence tending to prove that at or about the time the aliens mentioned in the indictment, after being brought in the Ariel from Cuba to a point near Tarpon Springs, Fla,, were being carried from the Ariel in a small boat to shore and landed at night, Smith was in the woods near the place of landing with…