Lutch v. United States

WILBUR, Circuit Judge.

This appeal is from a judgment of conviction of appellants under an indictment in five counts, two of which (Nos. II and III) eharge a violation of the internal revenue laws, and the other three of which (Nos. I, IY, and Y) charge a violation of the National Prohibition Act. Appellants contend that the conviction and sentence covering counts I, IV, and V of the indictment should be reversed and the cause remanded to the District Court, with direction to vacate that portion of the judgment and dismiss counts I,-IV, and Y, in view of the recent decision of this court in…