Messrs. E. L. Worthington and J. M. Collins for plaintiff in error.
Mr. James Garnett, Attorney General of Kentucky, for defendant in error.
Mr. Justice Hughes delivered the opinion of the court:
This writ of error has been sued out to review a judgment of the court of appeals of Kentucky which affirmed the conviction of Thomas Malone, the plaintiff in error, for selling pooled tobacco without the consent of the agents of the pool, contrary to 3941a of the Kentucky statutes. 141 Ky. 570, 133 S. W. 235.
The case is the same in all material respects as that of Collins v. Kentucky, decided this day [ 234 U.S. 634 , 58 L. ed.--, 34 Sup. Ct. Rep. 924], with the exception that the tobacco in question was sold by the plaintiff in error within the state of Kentucky. For the reasons stated in the opinion in the Collins Case, the judgment must be reversed.