66 F.2d 666 reversed.
Page 291 U. S. 609
Certiorari to review a judgment of the Circuit Court of Appeals
affirming a conviction of conspiracy to violate the National
Prohibition Act. The writ of certiorari at first denied,
post, p. 669, was granted on a petition for rehearing,
post, p. 655.
PER CURIAM.
It appeared, on rehearing, that the petitioner and others were
indicted on March 4, 1932, in the District Court of the United
States for the Southern District of Indiana for conspiring to
violate the National Prohibition Act; that the petitioner was found
guilty by a jury on May 20, 1932, and, with others, was sentenced
to fine and imprisonment by a judgment entered in that court on
June 3, 1932; that, on appeal, the judgment, as to the petitioner,
was affirmed by the United States Circuit Court of Appeals for the
Seventh Circuit on August 7, 1933, and that a petition for
rehearing duly filed by him in that court was denied on October 10,
1933. It further appeared that, on October 11, 1933, the Circuit
Court of Appeals, upon consideration of a motion by the petitioner
for a stay of mandate pending a petition to this Court for writ of
certiorari, stayed its mandate until its further order, and ordered
that the petitioner proceed with diligence and promptly file the
petition for writ of certiorari in this Court. Petition for writ of
certiorari was filed in this Court on January 6, 1934, and within
the time provided by law.
The solicitor general appeared on behalf of the government upon
the rehearing and stated his view to be that this case is
controlled by the decision in
United
States
Page 291 U. S. 610
v. Chambers, 291 U. S. 217, and
that the judgment of the court below should be reversed.
The Court is of the opinion that it appears from the record that
no final judgment was rendered herein against the petitioner prior
to the ratification of the Twenty-First Amendment. The judgment of
the Circuit Court of Appeals, as entered in the cause of this
petitioner, is accordingly reversed, and the cause is remanded to
the District Court, with direction to vacate that part of its
judgment which sentences this petitioner, and to dismiss the
indictment as to him.
United States v. Chambers,
291 U. S. 217.
It is so ordered.
