Opinion · Court of Appeals for the Fourth Circuit

Warren v. United States

70 F.2d 105

Type
Opinion
Court
Court of Appeals for the Fourth Circuit
Jurisdiction
Federal
Date
1934-04-03
Topic
general

PER CURIAM. Appellants were indicted for transporting and possessing intoxicating liquors in violation of the National Prohibition Aet, and, from sentences imposed upon conviction, appealed to this court. The ease was pending on appeal at the time of the ratification of the Twenty-First Amendment to the *106Constitution; and, under the recent decision of the Supreme Court in United States v. Chambers and Gibson, 54 S. Ct. 434, 78 L.

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WARREN v. UNITED STATES,70 F.2d 105(4th Cir. 1934)
WARREN et al. v. UNITED STATES.
No. 3570.
Circuit Court of Appeals, Fourth Circuit.
April 3, 1934.
Appeal from the District Court of the United States for the Eastern District of Virginia, at Norfolk.

Sam Warren, Jr., and Woodrow Warren were convicted for transporting and possessing intoxicating liquors in violation of the National Prohibition Act, and they appeal.

Reversed and remanded, with direction.
James N. Garrett, of Norfolk, Va. (James M. Wolcott, of Norfolk, Va., on the brief), for appellants.

H.M. Woodward, Asst. U.S. Atty., of Norfolk, Va., and Sterling Hutcheson, U.S. Atty., of Boydton, Va. (Paul W. Kear, Sp. Asst. to U.S. Atty., of Norfolk, Va., on the brief), for the United States.
Before PARKER and SOPER, Circuit Judges, and CHESNUT, District Judge.
PER CURIAM.
Appellants were indicted for transporting and possessing intoxicating liquors in violation of the National Prohibition Act, and, from sentences imposed upon conviction, appealed to this court. The case was pending on appeal at the time of the ratification of the Twenty-First Amendment to thePage 106Constitution; and, under the recent decision of the Supreme Court in United States v. Chambers and Gibson,54 S. Ct. 434, 78 L. Ed. ___, 89 A.L.R. 1510, the judgment of the court below must be reversed, and the case remanded, with direction to dismiss.

Reversed.