United States v. Cunningham

WOODROUGH, District Judge.

The government filed a bill in equity in tMs case charging that defendant had bootlegged liquor at times and places specified, and praying a personal injunction against him. The case was laid upon section 23 of title 2 of the National Prohibition Act (27 USCA § 35). I held on motion [21 F.(2d) 800] that, in so far as the act intends to and does provide a means to punish the defendant for a crime without trial by jury, it is unconstitutional (27 USCA § 38). Thereafter the bill in equity was amended by adding subsequent acts of bootlegging to the charge. It is argued…