United States v. Borke

TUTTLE, District Judge.

The defendant in this case is charged with the offense of having violated the National Prohibition Act, 27 USCA (being the so-called Volstead Law), prior to the time when the repeal of the Eighteenth Amendment to the United States Constitution became effective, and the criminal proceedings against him for such alleged offense are still pending herein. The sole question now presented in this cause is whether the repeal of the Eighteenth Amendment has deprived this court of the power to convict the defendant of the offense so charged against him.

There can be no doubt…