Cecil v. United States
Cecil v. United States
Opinion of the Court
Cecil was tried, convicted, and sentenced in the District Court of the United States for the Eastern District of Oklahoma for introducing and carrying into' the Indian country, to wit, the county of Muskogee, in the state of Oklahoma, from without said Indian country, and from without said district, spirituous and intoxi
We are of the opinion that the demurrer ought to have been sustained, as there was not sufficient evidence that the defendant introduced intoxicating liquor into Muskogee county from without the district or state of Oklahoma. Chambliss v. United States, 218 Fed. 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. -.
The judgment below is reversed, and a new trial ordered.
Reference
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- CECIL v. UNITED STATES
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- Syllabus
- Indians 38—Introduction of Liquor into Indian Country—Criminal Prosecution. Possession by a defendant, within that part of Oklahoma which constituted Indian country at the time of the passage of Act July 23, 1892, c. 234, 27 Stat. 269, of intoxicating liquors which had been brought into the , state from#without, is not sufficient to warrant his conviction under such statute for' introducing liquors into the Indian country. [Ed. Note.—For other cases, see Indians, Cent. Dig. §§ 22, 64, 66; Dec. Dig. Introducing intoxicating liquors into Indian country, see note to Joplin Mercantile Co. v. United States, 131 C. C. A. 171.] tg^>For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes