Opinion
No. 7026.
April 21, 1934.
Appeal from the District Court of the United States for the Western District of Texas; R.J. McMillan, Judge.
William T. Ponder was convicted of fraudulently and knowingly importing intoxicating liquor into the United States, and of transporting intoxicating liquor in violation of the National Prohibition Act, and he appeals.
Reversed and annulled in part, and affirmed in part.
Mack Taylor, of Fort Worth, Tex., for appellant.
W.R. Smith, Jr., U.S. Atty., of San Antonio, Tex.
Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.
Appellant was convicted on three counts of an indictment drawn under 19 USCA § 1593(b), of fraudulently and knowingly importing intoxicating liquor into the United States. He was also convicted and sentenced separately on another count charging him with transporting the same liquor in violation of the National Prohibition Act ( 27 US CA § 1 et seq.).
Because of the repeal of the Eighteenth Amendment, the sentence imposed on the last-mentioned count is reversed and annulled. The sentence and judgment on the other counts is affirmed.