Lutch

This appeal is from a judgment of conviction of appellants under an indictment in five counts, two of which (Nos. II and III) eharge a violation of the internal revenue laws, and the other three of which (Nos. I, IY, and Y) charge a violation of the National Prohibition Act. Appellants contend that the conviction and sentence covering counts I, IV, and V of the indictment should be reversed and the cause remanded to the District Court, with direction to vacate that portion of the judgment and dismiss counts I,-IV, and Y, in view of the recent decision of this court in Green v. United States, 67 F.(2d) 846 , and the United States Supreme Court decisions in the case of U. S. v. Cham *841 bers, 291 U. S. 217 , 54 S. Ct. 434 , 78 L. Ed. 763 , 89 A. L. R. 1510, decided February 5, 1934, and Massey v. U. S., 291 U. S. 608 , 54 S. Ct. 532 , 78 L. Ed. 1019 , decided March 12, 1934. We agree with this contention as to the counts of the indictment charging a violation of the National Prohibition Act (27 USGA), namely, counts I, IV, and V.

There is no assignment or specification of errors set out in appellants’ brief, but, in an assignment of errors in the transcript of record signed by…