GIBSON, District Judge.
To the indictment charging violations of the National Prohibition Law (27 USCA § 1 et seq.) the defendant has demurred. The basis of the demurrer is found in the allegation that the repeal of the Eighteenth Amendment rendered the National Prohibition Act inoperative and without constitutional foundation, and that all prosecutions under the act were without lawful authority.
Were the present case a prosecution begun during the existence...
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