278 F. 163 | 9th Cir. | 1922
Plaintiffs in error, to be called defendants, seek review of conviction under five counts of an indictment which charged (1) conspiracy to carry on the business of distillers without giving a bond as required; (2) conspiracy to make and ferment a certain mash fit for the production of spirits in a building other than a distillery authorized by law; (3) conspiracy to have in their possession and custody and under their control a certain still set up, without having registered the still with the collector of internal revenue, as required bylaw; (4) conspiracy to have in their possessioin intoxicating liquor, with intent to use the intoxicating liquor in violation of the National Prohibition Act, and to effect the object of the conspiracy, had in their possession intoxicating liquor, about 600 quarts, with.intent to use the same in violation of the National Prohibition Act; (6) conspiracy to transport intoxicating liquor, whisky, without first obtaining a permit from the Commissioner of Internal Revenue so to do, and without making record showing in detail the amount and kind to be transported and the consignee and the place of transportation, and that to effect the object of the conspiracy defendants did. unlawfully transport without first'obtaining a permit and doing the things required by law.
Plaintiffs in error cite United States v. Yuginovich, 256 U. S. 450, 41 Sup. Ct. 551, 65 L. Ed. -, to support their argument that the first three counts are fatally defective, in that the National Prohibition Act (41 Stat. 305) repealed sections 3281, 3282, and 3258, R. S. U. S., of the Revenue Laws (Comp. St. §§ 5994, 6021, 6022). Inasmuch as the judgment against defendants must be affirmed for other reasons, we'refrain from consideration of that question, which has been certified by this court to the Supreme Court under section 239, Judicial Code (Comp. St. § 1216), in Brooks v. United States, 43 Sup. Ct. -.
Judgment affirmed.
Certiorari denied 257 U. S. -, 42 Sup. Ct. 382, 66 L. Ed. —.