Duvall v. Dyche

SIBEEY, District Judge.

Duvall is held in the penitentiary under a sentence of one year and one day, pronounced upon a plea of guilty *441to an indictment charging him, among other things, with having “unlawfully had in his possession on September 1, 1920, a still and distilling apparatus for the production of spirituous liquors set up, without having the same registered as required by law.” This charge is evidently based on R. S. § 3258 (Comp. St. § 5994). Duvall’s claim is that this section, together with those on which the other counts of the indictment were framed, were repealed by the…