JEBBIA v. UNITED STATES

No. 2921.

37 F.2d 343 (1930)

JEBBIA et al. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

January 18, 1930.


Attorney(s) appearing for the Case

Benjamin L. Rosenbloom, of Wheeling, W. Va. (Robert H. Talley, of Richmond, Va., on the brief), for appellants.

Russell L. Furbee, Asst. U. S. Atty., of Fairmont, W. Va. (Arthur Arnold, U. S. Atty., of Piedmont, W. Va., on the brief), for the United States.

Before PARKER and NORTHCOTT, Circuit Judges, and McCLINTIC, District Judge.


PER CURIAM.

The defendants Paul Jebbia and Owen Palmer were convicted in the court below of violating the National Prohibition Act (27 USCA). On this appeal they contend that the act itself is unconstitutional because the Eighteenth Amendment was not passed by the lower house of Congress by two-thirds of all of the duly qualified members of that body, but merely by two-thirds of those present; and that the court erred in not directing a verdict for defendants, in...

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