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WARREN et al. v. UNITED STATES, 1934 — 70 F.2d 105 · caselaw · US
Constitutional Law · MBE-tested
WARREN et al. v. UNITED STATES
70 F.2d 105·United States Court of Appeals for the Fourth Circuit·1934
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Opinion
WARREN et al. v. UNITED STATES.
No. 3570.
Circuit Court of Appeals, Fourth Circuit.
April 3, 1934.
James N. Garrett, of Norfolk, Va. (James M. Wolcott, of Norfolk, Va., on the brief), for appellants.
H. M. Woodward, Asst. U. S. Atty., of Norfolk, Va'., and Sterling Hutcheson, U. S. Atty., of Boydton, Va. (Paul W. Kear, Sp. Asst, to U. S. Atty., of Norfolk, Va., on the brief), for the United States.
Before PARKER and SOPER, Circuit Judges, and CHESNUT, District Judge.
[MAJORITY — PER CURIAM.]
PER CURIAM.
Appellants were indicted for transporting and possessing intoxicating liquors in violation of the National Prohibition Aet, and, from sentences imposed upon conviction, appealed to this court. The ease was pending on appeal at the time of the ratification of the Twenty-First Amendment to the Constitution; and, under the recent decision of the Supreme Court in United States v. Chambers and Gibson, 54 S. Ct. 434, 78 L. Ed. -, 89 A. L. R. 1510, the judgment of the court below must be reversed, and the ease remanded, with direction to dismiss.
Reversed.