Henry v. United States

ANDERSON, Circuit Judge.

Henry was convicted of conspiracy to violate the National Prohibition Act (Comp. St. § 1013814 et seq.), and was sentenced to a year and a day in jail and to pay a fine of $1,000. The assignments of error all relate to the disposition made of his plea of autrefois acquit, setting up an acquittal on October 29, 1925, under indictment No. 6401, in which, as he alleges, he was charged with the same offense as in the present case No. 6610.

The court below- ruled as matter of law that, on this record, the plea was bad, declining to submit it to the jury as an issue of faet.…