Edgmon v. United States

PHILLIPS, Circuit Judge.

Edgmon and Denton were convicted and sentenced on an indictment charging a violation of 27 U.S.C.A. § 123 (48 Stat. 316, § 12) 1 and have appealed.

Sentence was imposed on June 24,. 1936. While section 123, supra, was expressly repealed on June 25, 1936, § 9 (49 Stat. 1930, 27 U.S.C.A. § 123 note) it must be “treated as still remaining in force”' with respect to this prosecution and the judgment therein by virtue of the saving provisions of 1 U.S.C.A. § 29. Ex parte Lamar (C.C.A.) 274 F. 160, 172; U. S. v. Reisinger, 128 U.S. 398, 9 S.Ct. 99, 32 L.Ed. 480; Hertz v.…