Legal Opinion

United States v. Ernest

District Court, D. Montana

Decided April 8, 1922No. 3978PublishedCited by 9 opinions

Criminal prosecution by the United States against Martin Ernest. Judgment of conviction.

1Opinion of the Court

BOURQUIN, District Judge.

This is a trial before the court upon a charge of violation of the National Prohibition Act (41 Stat. 305) in transportation and possession of whisky and gin. The evidence is that of the trial of another defendant and involving the same transaction, wherein 'this defendant was subpoenaed by plaintiff, and in respect to which he testified upon call by defendant. And it is stipulated that in so far as that" circumstance ought to avail him, had he pleaded it in bar, he will be given the benefit of it herein.

Section 30, title 2, of the act, to which defendant appeals,…

2Cases cited1 opinion

  1. Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892

3Cited by9 opinions

  1. Smith v. StateCourt of Appeals of Georgia · 1947
  2. State v. PerrySupreme Court of Iowa · 1955
  3. State v. MatsonCourt of Appeals of Washington · 1978
  4. State v. SchellDistrict Court of Appeal of Florida · 1969
  5. United States v. One Buick RoadsterDistrict Court, D. Montana · 1922

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