Ruler v. United States

STONE, Circuit Judge.

On a plea of guilty to one count of an indictment charging sale- of intoxicants on January 18, 1930-, appellant was sentenced to a ñno and to a sentence of a year and a day in the penitentiary at Leavenworth. From that judgment he appeals.

The first matter presented here is the validity of the so-called Jones Act (45 Stat. 1446 [2-7 USCA §§ 91, 92]). This validity is challenged on the grounds that the act is “vague and uncertain” and fails to define “slight” or “casual” offense; that it delegates legislative power to the courts. Both of these matters have been determined…