and landed. Judge Chesnut in passing upon this contention said as follows, 104 F.Supp. 771, 776:
'that it was the intent of Congress that the status of an alien seaman should be determined after inspection at the first port of entry, and that the determination of the Inspector of his admissibility then and there is entry into the United States within the meaning of the statutes.'
Judge Chesnut's decision was affirmed by the Court of Appeals for the 4th Circuit. In affirming, that court commented that while no case precisely in point had been found, from its examination of the law, regulations and administrative practices, entry into the United States occurred at the port in the United States where the ship first arrived from foreign. That holding is consistent with my own views and furnishes appellate authority for a result which I would have reached independently. I find, therefore, that venue is properly laid in this district and the defendant's motion in arrest of judgment will be denied.
The second point advanced by the defendant in support of his motions is that there was failure of proof of corpus delicti before the receipt in evidence of the admissions of the defendant when he was apprehended under administrative proceedings at Albany, New York, on April 8, 1952. That contention is also without merit. The facts proved independently of admissions by the defendant were as follows: Immigration Officer John D. Talbot testified that, while he could not specifically identify the defendant, on February 21, 1950 he checked out under a warrant of deportation a seaman by the name of Andrew Vasilatos at Searsport, Maine, on the S.S. Kulukindis bound for a foreign port. James J. Manning, a verification clerk of the Immigration and Naturalization Service, testified from official records that Andrew Vasilatos was listed as a member of the crew of the S.S. Evrotas, that he was examined at Philadelphia on February 5, 1951, and admitted as a seaman for a period of 29 days, and that thereafter records from the Immigration and Naturalization Service at Baltimore, received in the Philadelphia Office on March 8, 1951, listed the same Andrew Vasilatos as being discharged at Baltimore, Maryland. Immigration Officer Anthony E. Concordia testified that he examined the crew of the S.S. Evrotas on February 5, 1951, that Andrew Vasilatos told him he had never been ordered deported from the United States, that he had no immigration record and showed him his seaman's book No. 25049. This same seaman's book was obtained from the defendant on the occasion of his arrest at Albany, New York, on April 8, 1952, by W. P. O'Brien, Immigration Officer stationed at Albany, New York. This seaman's book, admitted in evidence, contains the entry at page 26 that on the 21st of February, 1950, the seaman shipped from Searsport, Maine, as a cook, on the S.S. Vassilios E. Kulukindis, was discharged at Rotterdam, December 20, 1950 on the S.S. Evrotas and was discharged in Baltimore on February 15, 1951, reason illness. All of this testimony had been introduced in the case before Immigration Officer O'Brien testified as to admissions made by the defendant substantiating in complete detail the information already adduced by independent testimony.
It is clear, therefore, that all of the elements of the crime had been properly established before the admissions of the defendant were received in evidence. As a matter of fact, there was sufficient evidence before the jury, independent of admissions by the defendant, upon which the jury could properly have based a conviction. The contention that the Government failed to establish the corpus delicti of the crime, therefore, lacks substance.
The motions in arrest of judgment and for a new trial will be denied.
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