McFarland v. United States

(after stating the facts as above). In passing, we note a question as to the sufficiency of the indictment. The statute is unfortunately ambiguous in its use of the alternative. The offense is defined with reference to “any alien not duly admitted by an immigrant inspector or not lawfully entitled to enter or to reside within the United States under the terms of this act.” Is it necessary, in making out the offense, that the alien should have both attributes, viz. should neither have been admitted hor be entitled to enter; or is it sufficient if the alien has either disqualification, viz.…