Green

While this case has been pending on appeal, the Eighteenth Amendment to the Constitution of the United States has been repealed by the adoption of the Twenty-First Amendment thereto. In our opinion, the adoption of the Twenty-First Amendment requires the reversal of the judgment for the reasons which will now be stated.

We take judicial notice of the President’s proclamation that the thirty-sixth state at its constitutional convention held December 5th ratified the Twenty-First Amendment which by its terms repealed the Eighteenth Amendment to the Constitution. Dillon v. Gloss, 256 U. S. 368 , 41 S. Ct. 510 , 65 L. Ed. 994 .

It is the universally recognized rule of American and English jurisprudence that the repeal of a criminal law before final judgment has been rendered deprives courts of power to proceed to judgment in pending criminal cases, unless there is a saving clause in the law. 1 Lewis’ Sutherland, Statutory Const. (2d. Ed.) p. 285; 36 Cyc. 1228; 59 C. J. 1188, 1189, §§ 726, 727; Landen v. U. S. (C. C. A.) 299 F. 75 ; see People v. Bank of San Luis Obispo, 159 Cal. 65 , 112 P. 866 , 37 L. R. A. (N. S.) 934, Ann. Cas. 1912B, 1148. This is true whether or not the matter…