FOSTER v. UNITED STATES

No. 4369.

47 F.2d 892 (1931)

FOSTER v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

February 14, 1931.


Attorney(s) appearing for the Case

John E. Dougherty and I. R. Wasson, both of Peoria, Ill., for appellant.

Walter M. Provine, U. S. Atty., and Marks Alexander, both of Springfield, Ill.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.


ALSCHULER, Circuit Judge.

The only question which this appeal presents is as to the validity of the Act of Congress of March 2, 1929, commonly known as the Jones Act (27 USCA §§ 91, 92). The contention is that the proviso of the act deprives defendants of the right of trial by jury, because the grade of offenses as therein specified is to be determined by the court and not by a jury. The act, after specifying for certain violations of the National Prohibition...

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