Schooley v. United States

LEWIS, Circuit Judge.

By indictment it appears that the pleader had in mind to charge plaintiff in error with the commission of felonies (Criminal Code, § 335 [Comp. St. 10509]), in that he had unlawful possession of intoxicating liquor, having been convicted twice theretofore of like offenses. Title 2, sections 3 and 29, National Prohibition Act (41 Stat. 308, 316 [Comp. St. Ann. Supp. 1923, §§ 10138½aa, 10138½p]). There were two counts. The charge in the first reads this way:

“* * * That Walter (Red) Schooley on the first day of May in the year 1923 in the said division of said district and…