268 F. 242 | 7th Cir. | 1920
The writ attacks a judgment rendered on a general verdict of guilty on an indictment of two counts found under the so-called “Reed Amendment” (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 8739a) — the first count charging that defendants “did cause certain intoxicating liquor, to wit, 200 gallons of wine, to be transported from Chicago, in the state of Illinois, into the state of Indiana, the laws of which latter state then and there prohibited the manufacture or sale therein of intoxicating liquors for beverage purposes, and said liquor not being transported for scientific, sacramental, medicinal or manufacturing purposes, * * * ” and the second count charging a conspiracy to violate a law of the United States through the intended commission of an act substantially as described in the first count.
There is no bill of exceptions, and as to the judgment we have to deal only with the sufficiency of the indictment, challenged for the first time by the writ of error herein. Insufficiency is charged, in that (1)it is not enough in such an indictment to charge merely in the language of the statute that the defendants caused intoxicating liquors to be transported, without stating in what manner or through what instrumentality it was caused to be done; (2) the indictment fails to negative a further exception to the operation of the act, made by an amendment thereto of October 3, 1917 (Comp. St. Ann. Supp. 1919-, § 10387e) ; (3) the “Reed Amendment” is unconstitutional.
The judgment of the District Court is affirmed.