Adamson v. United States

• Decision Date: 17 January 1924
• Docket Number: 4183.
• Citation: 296 F. 110
• Parties: ADAMSON v. UNITED STATES.
• Court: U.S. Court of Appeals — Fifth Circuit

296 F. 110

ADAMSON v. UNITED STATES.

No. 4183.

United States Court of Appeals, Fifth Circuit.

January 17, 1924

William D. Turner, of Savannah, Ga., for plaintiff in error.

F. G Boatright, U.S. Atty., of Cordele, Ga., and Chas. E Donnelly, Asst. U.S. Atty., of Savannah, Ga. (Chas. L Redding, Asst. U.S. Atty., of Savannah, Ga., on the brief) for the United States.

Before WALKER and BRYAN, Circuit Judges, and CALL, District Judge.

CALL District Judge.

On the 30th day of March, 1923, and on the 17th day of May, 1923, informations were filed by leave of court against the defendant and one other person (E. F. Sutton in the first information, and Alfred Anderson in the second), charging in three counts (1) possession; (2) the manufacture of intoxicating liquor; and (3) the possession of distilling apparatus designed and intended for the illegal manufacture of intoxicating liquor. Upon trial the defendant was convicted on the second and third counts of the first information and the third count in the second information.

Thereupon the defendant moved to arrest the judgment (1) because said counts do not allege any offense against the laws of the United States; (2) because said counts do not allege time or place where said violation was committed; (3) because it is not specifically charged that the prohibition law was violated; (4) because the counts do not say how the liquor was manufactured, or that it was manufactured for beverage purposes; (5) said counts do not show where nor at what time the articles were possessed, nor charge any violation of any law within the jurisdiction of the court; (6) because said counts do not allege the violation of the Prohibition Act or internal revenue laws; (7) said informations are not supported by an affidavit, nor is there an order of the court allowing same to be filed. The court denied the motion in arrest and sentenced the defendant on the verdict of guilty.

It will be sufficient to set out the counts in the first information, as the third count in the second information is identical with the third count in the first information, except as to the articles possessed. The information is as follows:

'Comes now Chas. E. Donnelly, assistant United States attorney in and for the Southern district of Georgia, who for the United States prosecutes for the Eastern division of said district, and on the 30th day of March, 1923, leave of the court first had, gives the court to understand and be informed:

'Count 1. That on or about the 28th day of October, 1922, within the jurisdiction of this court, in the county of Bryan,' etc.

'Count 2. And the United States attorney aforesaid does further inform the court that at the time and place and within the jurisdiction aforesaid the said Herman Adamson * * * did unlawfully manufacture intoxicating liquors, contrary to the form of the statute in such cases made and provided,' etc.

'Count 3. And the United States attorney aforesaid does further inform the

...