Talkington v. United States

U.S. Court of Appeals for the Eighth Circuit
Talkington v. United States, 225 F. 367 (8th Cir. 1915)
140 C.C.A. 391; 1915 U.S. App. LEXIS 2105

Talkington v. United States

Opinion of the Court

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.

Reference

Full Case Name
TALKINGTON v. UNITED STATES
Cited By
2 cases
Status
Published
Syllabus
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.]