Shepard

(after stating the facts as above). 1. The indictment in this case contains but one count. The errors assigned relate to the overruling of a demurrer to the indictment, the giving of certain instructions to the jury, the refusal of the court to give certain instructions- requested by the defendant, the denial of the motion of defendant for a new trial, and tire denial of a motion in ar'rest of judgment.

Section 37 of the Penal Code of the United States (Act of March 4, 1909, c. 321; 35 Stat. 1088 , 1096) provides:

[1] Section 1 of the act of January 17, 1914, c. 9 ( 38 Stat. 275 , 276) provides:

Section 2 of the same act provides:

Section 3 provides:

The motion in arrest of judgment, is based upon the objection that the last-named act is unconstitutional in so far as it attempts to make penal the keeping and transportation of opium within the limits of a state, being in conflict with the police power of the state and not within the powers delegated to the United States. In Brolan v. United States, 236 U. S. 216, 222 , 35 Sup. Ct. 285, 59 L. Ed. 544 , this objection to the statute was held by the Supreme Court to be so utterly devoid of merit as to be frivolous.

[2] 2. The…