United States v. Stafoff Brooks

by Oliver Wendell Holmes, Jr.

United States Supreme Court

260 U.S. 477

United States  v.  Stafoff Brooks

 Argued: Nov. 29, 1922. --- Decided: Jan 2, 1923

Chris Elioff Stafoff, alias Chris Elioff, was indicted with another for having in possession a still intended for the production of distilled spirits for beverage and commercial purposes, without having registered it, and for having unlawfully manufactured on premises other than an authorized distillery a mash fit for the production of distilled spirits. A demurrer to both counts was sustained (268 Fed. 417), and the United States brings error. Affirmed.

James L. Brooks was convicted of having in possession a still, and of manufacturing a mash, and of having carried on the business of a distiller without having given th bond required by law, and he brought error to the Circuit Court of Appeals, which certified to the Supreme Court questions as to whether the statutes on which the indictment was based had been repealed by the National Prohibition Act, and as to whether defendant could be sentenced under the National Prohibition Act. Questions as to the repeal answered 'Yes,' and question as to the sentence answered 'No.'

George Remus and others were indicted for having carried on the business of a liquor dealer and rectifier without having paid the special tax required by law. A demurrer to the indictment was sustained as to six of the seven counts of the indictment (283 Fed. 685), and the United States brings error. Judgment on counts 2, 4, and 6 affirmed, and that on counts 3, 5, and 7 reversed.

Mrs. Assistant Attorney General Willebrandt, for the United states.

Samuel Herrick, of Washington, D. C., for Brooks.

E. N. Zoline, of New York City, for Remus and others.

Mr. Justice HOLMES delivered the opinion of the Court.

Notes