United States v. Evans (333 U.S. 483)
U.S. Supreme Court · decided March 15, 1948 · Supreme Court Database (Spaeth)
- Citation
- 333 U.S. 483 · 68 S. Ct. 634
- Decided
- March 15, 1948
- Term
- October Term 1947
- Vote
- 9–0
- Majority author
- Justice Rutledge
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Mr. Justice Rutledge delivered the opinion of the Court. Section 8 of the Immigration Act of 1917 provides: “That any person . . . who shall bring into or land in the United States ... [or shall attempt to do so] or shall conceal or harbor, or attempt to conceal or harbor, or assist or abet another to conceal or harbor in any place . . . 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, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $2,000 and by imprisonment for a term not exceeding five years, for each and every alien so landed or brought in or attempted to be landed or brought in.” (Emphasis added.) 39 Stat. 880, 8 U. S. C. § 144. Appellee and another were indicted for concealing and harboring five named aliens in alleged violation of § 8. Before trial appellee moved that the indictment be dismissed on the ground that it did not charge a punishable offense. He argued that although the statute provided for two different crimes, one landing or bringing in unauthorized aliens, and the other concealing or harboring such aliens, punishment was prescribed in terms only for the former crime. The District Court accepted this argument and granted the motion to dismiss. The Government appealed directly to this Court…
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