Legal Opinion

Wing v. United States

Court of Appeals for the Fifth Circuit

Decided May 2, 1922No. 3837PublishedCited by 5 opinions

In Error to the District Court of the United States for the Northern District of Florida; William B. Sheppard, Judge. Chester Wing and others were convicted of conspiracy to bring into the United States certain Chinamen, in violation of the Chinese Exclusion Act, and they bring error.

1Opinion of the Court

BRYAN, Circuit Judge.

Chester Wing and several other defendants were convicted upon an indictment, under section 37 of the Criminal Code (Comp. St. § 10201), charging a conspiracy to bring into- and to land in the United States certain Chinamen not lawfully entitled to enter, in violation of the Chinese Exclusion Act (Comp. St. § 4290 et seq.). The overt act alleged was the navigation of a vessel called the Viola within the waters of the Northern district of Florida. A demurrer, for failure of the indictment to allege that the Chinamen intended to be landed in the United States did not belong…

2Cases cited5 opinions

  1. Hyde v. United StatesSupreme Court of the United States · 1912
  2. Dealy v. United StatesSupreme Court of the United States · 1894
  3. Brown v. ElliottSupreme Court of the United States · 1912
  4. Lew Moy v. United StatesCourt of Appeals for the Eighth Circuit · 1916
  5. Mark Yick Hee v. United StatesCourt of Appeals for the Second Circuit · 1915

3Cited by5 opinions

  1. Davis v. United StatesCourt of Appeals for the Fifth Circuit · 1945
  2. Middleton v. United StatesCourt of Appeals for the Eighth Circuit · 1931
  3. Horwitz v. United StatesCourt of Appeals for the Fifth Circuit · 1933
  4. Jollit v. United StatesCourt of Appeals for the Fifth Circuit · 1922
  5. Horwitz v. United StatesCourt of Appeals for the Fifth Circuit · 1933

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