268 F. 825 | 6th Cir. | 1920
Plaintiff in error was convicted of selling distilled spirits for beverage purposes on July 12, 1919, in violation of the War-Time Prohibition Act, Nov. 21, 1918, c. 212, sub,d. 4 (Comp. St. Ann. Supp. 1919, §§ 311511/12f-311511/12ggg)- This writ is to review the judgment.
A motion in arrest of judgment, on the ground that the War-Time Prohibition Act (a) was unconstitutional» and (b) had ceased to be operative, was overruled. A motion for new trial was denied. The sufficiency of the evidence to sustain conviction is challenged, and complaint is made of the exclusion of certain proffered evidence. There was no exception to the charge of the jury, which is not sent up.
1. The contentions of plaintiff in error made under the motion in arrest of judgment have been foreclosed by the decision of the Supreme Court in Hamilton v. Kentucky Distilleries Co., 251 U. S. 146, 40 Ct. 64 L. Ed. 194.
The judgment is affirmed.