JOHNSON v. UNITED STATES

No. 8260.

32 F.2d 127 (1929)

JOHNSON v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

April 4, 1929.


Attorney(s) appearing for the Case

John W. Tillman, Fred A. Tillman, Welcome D. Pierson, and T. J. Leahy, all of Pawhuska, Okl., J. H. Maxey, of Tulsa, Okl., C. S. Macdonald, of Pawhuska, Okl., and Charles A. Holden, of Tulsa, Okl., for appellant.

John M. Goldesberry, U. S. Atty., of Tulsa, Okl.

Before KENYON, Circuit Judge, and FARIS and SANBORN, District Judges.


FARIS, District Judge.

Appellant by this appeal, seeks to reverse a sentence of imprisonment in the penitentiary and for the payment of certain fines imposed upon him on his conviction (a) for possessing whisky in the Indian country, and (b) for a sale of whisky in violation of the National Prohibition Act.

Objection was made by demurrer, and is here insisted upon, that so much of the indictment as sets forth the place of the offense, to wit, "about ten miles...

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