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...
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