Cody

This is an appeal from a judgment of conviction for conspiracy to violate both the National Prohibition Law and the Internal Revenue Laws of the United States.

Appellant, with others, was charged in an indictment with conspiring to violate the laws of the United States by combining and agreeing, “to manufacture, sell, transport, deliver and possess intoxicating liquor, meaning by the term intoxicating liquor, whenever the term is used in this indictment, liquor containing more than one-half of one per cent of alcohol by volume and fit for use for beverage purposes and intended for use in violar *182 tion of the National Prohibition Act, the manufacture, sale, transportation, delivery and possession of which was and is prohibited and unlawful.

“To unlawfully carry on the business of distillers of spirits without having bond as required by law, and to make and ferment mash for distillation of spirits in a building other than a distillery duly authorized according to law, in violation of Sections 3281 and 3283, Revised Statutes of the United States.”

Appellant heretofore moved for a reversal and abatement of the action upon the ground that the National Prohibition Act (27 USCA § 1…