Opinion
No. 7907.
December 19, 1935.
Appeal from the District Court of the United States for the Territory of Hawaii.
Ebert J. Botts, of Honolulu, T.H., for appellant.
I.M. Stainback, U.S. Atty., and Willson C. Moore, Asst. U.S. Atty., both of Honolulu, T.H., for the United States.
Before WILBUR, MATHEWS, and HANEY, Circuit Judges.
Upon consideration of the transcript of record, and brief of appellant, and the counsel for appellee confessing error, it is ordered that the judgment of the District Court herein be, and hereby is, reversed upon the authority of Nathanson v. U.S.A., 290 U.S. 41, 54 S.Ct. 11, 78 L.Ed. 159; that a judgment be filed and entered accordingly, and the mandate of this court issue forthwith.