Bak Kun v. United States

Citations

• 195 F. 53
• 115 C.C.A. 55
• 1912 U.S. App. LEXIS 1339

Syllabus

<p>1. Criminal Daw ($ 406*)—Deportation Proceedings—Evidence—Declarations of Defendant.</p> <p>Where, on the arrest of Chinese persons in deportation proceedings, they were taken before an Inspector and through an official interpreter informed that it was the intention to ask them questions touching their right to remain in the United States, that they need not answer the questions unless they wished to, and that the answers might be used against them, after which they made siatements, which were taken in shorthand, transcribed, dnd read to and signed by them, ihey were subsequently admissible against them.</p> <p>[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 785, 894-927; Dec. Dig. § 406.*]</p> <p>2. Aliens ($ 20*)—Chinese- Persons—Deportation Proceedings—Statutes.</p> <p>Congress had power to pass Act May 5, 1892, c. 60, § 3, 27 Stat. 25 (II. S. Comp. St. 1901, p. 1320), and Act April 29, 3902, c. 641, 32 Stat. 370 (U. S. Comp. St. Supp. 1909, p. 473), providing that Chinese persons arrested under the provisions of the act shall be adjudged to be unlawfully within the United States, unless they shall establish by affirmative proof, to the satisfaction of the judge or commissioner, their lawful right to remain.</p> <p>[Ed. Note.—For other cases, see Aliens, Cent. Dig. § 73; Dec. Dig. § 20.*</p> <p>What Chinese persons are excluded from the United States, see note to Wong Yon v. United States, 104 C. C. A. 538.]</p> <p>3. Aliens (§ 32*)—Deportation Proceedings—Chinese Persons.</p> <p>In Chinese deportation proceedings, evidence held insufficient to sustain defendants’ right to remain in the United States on the ground that they were born in the United States.</p> <p>[Ed. Note.—For other cases, see Aliens, - Cent. Dig. §§ 84, 93-95; Dec. Dig. § 32.*]</p>