Page:Federal Reporter, 1st Series, Volume 6.djvu/879

 UNITED STATES V. VE4ZIE. S67 �In order to prevent the delay attendant upon a removal of the case to the circuit court by writ of error, under the statute of March 3, 1879, (20 St. at Large, 364,) Judge Blatchford consented to listen to the argument made upon this motion, and I am authorized to say that he concurs in this opinion. �KoTB. See United State» v. Baugh, 2 Fed. Rbp. 784 ; and ffmted State» T. Coppersmith, 4 Fed. Eep. 198. ���United States v. Veazib. [Oirouit Court, D. Masaachusett». May 2, 1881.) �1. Intbrnal Revbncb— Kakufactubed Tobacco— Retail Dealbh— Ebv. St. i 3363. �Section 3363 of the Revised Statutes provides, inter alia, that "no manufactured tobacco shall be sold or offered for gale unless put up in packages and stamped as prescribed in this chapter, exeept at retail, by retail dealers, fram wooden packages stamped asprovided m thi» chap- ter." �Hdd, that a retail dealer who, in the course of his business, sells at retail tobacco taken by him from a wooden package duly put up and stamped, whether taken at or before the sale, does not violate this section. — [Ed. �Indictment. ' �U. S. Attorney, for the United States. �Prentiss Cummings, for defendant. �Nelson, D. J. This is an indictment under Eev. St., § 3363, charging the defendant with selling manufactured tobacco not put up in packages and duly stamped. The facts not being in dispute, the defendant submitted to a verdict of guilty, subjeot to the opinion of the court whether the offence charged in the indictment was proved. �Section 3363 is as follows: "No manufactured tobacco shall be sold or offered for sale unless put up in packages and stamped as prescribed in this chapter, except at retail, by retail dealers, from wooden packages stamped as provided in this chap- ter; and every person who sells or offers for sale any snuffs, or any kind of manufactured tobacco, not so put up in pack- ��� �