SMITH v. UNITED STATES

No. 7501.

18 F.2d 896 (1927)

SMITH et al. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

April 12, 1927.


Attorney(s) appearing for the Case

John T. Harley, of Tulsa, Okl., for plaintiffs in error.

John M. Goldesberry, U. S. Atty., of Tulsa, Okl. (W. B. Blair, Asst. U. S. Atty., of Tulsa, Okl., on the brief), for the United States.

Before LEWIS and KENYON, Circuit Judges, and TRIEBER, District Judge.


LEWIS, Circuit Judge.

In this case plaintiffs in error, Marcelle Smith and J. L. Ostrom, were convicted and sentenced to imprisonment in the penitentiary on an indictment which charged them with having one pint of whiskey in their possession at the Terminal Hotel in the town of Slick in Okfuskee County, Oklahoma, said town being within and a part of the Indian Territory prior to the admission of Oklahoma as a state. The only claimed error, to which attention need...

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