Julio Lastra Padilla v. United States

HUTCHESON, Circuit Judge.

Charged by indictment on January 8, 1959, in a single count, with conspiring with Mario Ayala Alejandro and divers; other persons to the Grand Jury unknown to fraudulently and knowingly import and bring into the United States a quantity of narcotic drugs, to wit, cocaine, contrary to Section 173, and in-violation of Section 174, of Title 21, U.. S.C.A., the defendant-appellant, on March 13, 1959, filed a motion to dismiss the indictment on the grounds: (1) that the offense, if any, is cognizable only in the New York Division of the Southern-District of New York; (2)…