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

Hinkle v. United States

U.S. Court of Appeals for the Eighth Circuit · Decided October 25, 1940

115 F.2d 217; 1940 U.S. App. LEXIS 2843 (Federal Reporter, Second Series)

Counsel

Jim Barnett, of Oklahoma City, Okl.-, and John W. Tyree, of Lawton, Okl., for appellants., Clinton R. Barry, U. S. Atty., of Fort Smith, Ark. (Duke Frederick and John E. Harris, Asst. U. S. Attys., both of Fort Smith, Ark., on the brief), for appellee.

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.

These are appeals from convictions under an indictment charging conspiracy to violate and for violation of section 223, Title 27 U.S.C.A., by transporting intoxicating liquors from the state of Arkansas into the state of Oklahoma. The contentions are that the statute of Oklahoma of 1939, 37 Okl.St.Ann. §§ 41^18, inclusive, is violative of the Constitution of Oklahoma, and that conceding its validity arguendo it does not bring the state of Oklahoma under the protection of the provisions of section 223, supra, of the federal statute.

The issues thus presented are controlled by the decision of this court in Hastings v. United States, 8 Cir., 115 F.2d 216, this day decided. On the authority of that decision, the judgments appealed from are affirmed.

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