Legal Opinion

United States v. Casares-Moreno

District Court, S.D. California

Decided June 21, 1954No. Crim. A. No. 23,608PublishedCited by 2 opinions

1Opinion of the Court

TOLIN, District Judge.

The defendant here was indicted under a penal statute providing for the punishment of any alien who attempts to enter the United States after having been deported, Title 8 U.S.C.A. § 1326. The principal defense offered was that defendant was not an alien, but, rather, a native-born citizen of this country. The matter was tried before a jury which returned a verdict of Guilty, thus, under the instructions, necessarily finding that defendant was not born in this country.

The matter is now before this Court on a motion for new trial. Two principal grounds are offered in…

2Cases cited17 opinions

  1. Williams v. North CarolinaSupreme Court of the United States · 1945
  2. Williams v. North CarolinaSupreme Court of the United States · 1943
  3. Thompson v. WhitmanSupreme Court of the United States · 1874
  4. Mills v. DuryeeSupreme Court of the United States · 1813
  5. Economy Light & Power Co. v. United StatesSupreme Court of the United States · 1921

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3Cited by2 opinions

  1. Mah Toi v. Herbert Brownell, Jr., as Attorney GeneralCourt of Appeals for the Ninth Circuit · 1955
  2. Minor Child v. State Health CommissionerMichigan Court of Appeals · 1969

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