U.S. Court of Appeals for the Tenth Circuit, 1940

Epps v. United States

U.S. Court of Appeals for the Tenth Circuit · Decided June 22, 1940

112 F.2d 931; 1940 U.S. App. LEXIS 4450 (Federal Reporter, Second Series)

Counsel

Earl Boyd Pierce and Ray M. Pierce, both of Muskogee, Okl., for appellant., Cleon A. Summers, U. S. Atty., and Frank Watson, Asst. U. S. Atty., both of Muskogee, Old., for the United States.

Cases that cite this one

2 later published cases cite this decision.

Johnson v. Yellow Cab Transit Co. (10th Cir. 1943)
Harris v. State (Okla. Crim. App. 1942)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Epps was indicted, tried, convicted, and sentenced for a violation of the Liquor Enforcement Act of 1936, 27 U.S.C.A. § 223. The indictment charged that Epps unlawfully transported and imported into the state of Oklahoma intoxicating liquor containing more than four per cent of alcohol by volume, to wit, SO cases of whiskey, not accompanied by a written permit as required by ch. 16, O.S.L.1939, 37 Okl. St.Ann. § 41 et seq. Epps has appealed.

Epps contends that ch. 16, supra, is unconstitutional and, therefore, the Liquor Enforcement Act of 1936 is inapplicable to Oklahoma. See Dunn v. United States, 10 Cir., 98 F.2d 119, 117 A.L.R. 1302.

On authority of Hayes v. United States, 10 Cir., 112 F.2d 417, the judgment is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.