Centoni

Appellants were indicted in four counts of an indictment. Count I, a conspiracy count, was dismissed on motion of the government. Count IV charged violation of the National Prohibition Act. Counts II and III charged, respectively, that defendants did “knowingly, willfully, unlawfully, and feloniously carry on the business of a distiller of spirits, without having given bond as required by law,” and did “knowingly, willfully, unlawfully, and feloniously make and ferment approximately two thousand (2000) gallons of a certain mash, wort, or wash, fit for distillation of spirits, in a certain building * * * not then and there a distillery duly authorized according to law,” in violation of sections 3281 and 3282, of the Revised Statutes (26 ITSCA §§ 306', 307). Appellants were convicted on counts II, HI, and IV.

Because of the repeal of the National Prohibition Act (27 ITSCA), the government admits that the sentence imposed upon count IV cannot now bo executed, and that the ease should therefore bo reversed as to that count. See United States v. Chambers, 54 S. Ct. 434 , 78 L. Ed.--; Green v. United States (G. C. A. 9) G7 F.(2d) 846.

The only assignments of error presented for our…