McDonough

Plaintiffs in error, who, for convenience, will be hereinafter referred to as defendants, were tried, convicted, and sentenced in the Southern Division of the United States District Court for the Northern District of California, upon two counts of an information filed therein by the United States attorney for the Northern district of California, charging violations of an Act of Congress known as the National Prohibition Act. 41 Stat. 307 , 314 (Comp. St. Ann. Supp. 1923, § 10138)4 et seq.). By a writ of error defendants brought the case to this court for review. It was regularly placed upon the calendar of this court, to he argued and submitted during the February, 1924, session of the October, 1923, term. During said session, and on March 13, 1924, counsel for the respective parties appeared herein, argued the cause, and submitted it for consideration and decision by this court.

The United States Circuit Court of Appeals for the Ninth Circuit, which met at San Francisco, Cal., on March 13, 3924, and to which the arguments and briefs were presented and submitted by counsel for the respective parties herein, consisted of three judges, to wit, Hon. William B. Gilbert, of Portland,…