In Re Adams
Opinion
Lead Opinion
York, J.
This is an application for a writ of habeas corpus, wherein the petitioner is attacking the sufficiency of two complaints, one charging him with possession of a certain still which was alleged to have been “designed, used and intended to be used for the manufacture of alcoholic intoxicating liquors for beverage purposes, containing alcohol of more than one-half of one per cent by volume,” which is therein alleged to be contrary to the provision of the Volstead Act, made and provided by title two of the National Prohibition Act, enacted by Congress of the United States on the twenty-eighth day of October, 1919 (27 U. S. C. A., § 4 et seq.; U. S. Comp. Stats., §§ 10138½-10138½z), and as adopted by the state of California (Stats. 1921, p. 79), and the other complaint charging said Terry Adams with having in possession certain alcoholic intoxicating liquors which are fit for use for beverage purposes, which did then and there contain more than one-half of one per cent by volume “contrary to the provisions of the Volstead Act, made and provided by Title Two of the National Prohibition Act enacted by Congress of the United States on the 28th day of October, 1919 (27 U. S. C. A., § 4 et…