Smith v. United States

BRYAN, Circuit Judge.

This is an appeal from convictions on two indictments charging violations of the National Prohibition Act (27 USCA). The only error assigned is that the trial court erred in sustaining a demurrer to appellant’s plea of immunity from prosecution. The facts as alleged in that plea as a bar to both indictments are these: A prohibition agent named Cheatham was indicted in a state court of Texas for transporting intoxicating liquor in violation of a statute of that state (Pen. Code 1925, art. 666). Upon Cheatham’s application, the ease against him was removed to the federal…