TALKINGTON et al. v. UNITED STATES.
(Circuit Court of Appeals, Eighth Circuit.
June 16, 1915.)
No. 4357.
Indians @=>88—Introduction or Liquor into Indian Country—Prosecution.
Failure to prove that the introduction was by accused is fatal to a prosecution for introducing liquor into a part of the state of Oklahoma which was formerly.part of the Indian Territory.
[Ed. Note.—F’or other cases, see Indians, Cent. Dig. §§ 22, 64, 66; Dec. Dig. @=>38.
Introducing intoxicating liquors into -Indian country, see note to Joplin Mercantile Co. v. United States, 131 C. C. A. 171.]
In Error to the District Court of the United States for the Eastern District of Oklahoma; Ralph E. ‘Campbell, 'Judge.
Criminal prosecution by the United States against Steve Talkington and Joe Bastine. Judgment of conviction, and defendants bring error.
Reversed.
Guy H. Sigler, of Ardmore, Okl. (William Pfeiffer, of Ardmore, Okl., on the brief), for plaintiffs in error.
W. P. McGinnis, Sp. Asst. U. S. Atty., of Muskogee, Okl. (D. H. ‘Llnebaugh, U. S. Atty, of Muskogee, Okl., and C. W. Miller, Sp. Asst. U. S. Atty., of Holdenville, Old., on the brief), for the United States.
Before SANBORN and GARLAND, Circuit Judges, and TRIEBER, District Judge.
<©c»For other cases see same topic & KEY-NUMBER, in all Key-Numbered Digests & Indexes
PER CURIAM.
Talkington and Bastine were tried, convicted, and sentenced for introducing into the county of Carter, state of Oklahoma, from without the state of Oklahoma intoxicating liquor." At the close of all the evidence counsel for defendants demurred to the evidence offered by the government for the reason that the same was insufficient to convict them of the offense charged in the indictment. The demurrers were overruled and an exception taken. •
We have carefully read the testimony, and are of the opinion that the demurrers should have been sustained. There was a failure of evidence to show that the defendants introduced the liquor as charged. Chambliss v. United States, 218 Eed. 154, 132 C. C. A. 112; Lewellen v. United States, 223 Fed. 18, — C. C. A. -; Moore v. United States, 224 Fed. 95, —— C. C. A. -; Sellers v. United States, 222 Fed. 1023, - C. C. A. ——; Crites v. United States, 222 Fed. 1022, - C. C. A. -; Cecil v. United States, 225 Fed. 368, - C. C. A. -; Parks v. United States, 225 Fed. 369, -C. C. A. ——.
The judgment of the lower court is reversed, and a new trial ordered.