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DOYLE v. UNITED STATES

No. 8071.

33 F.2d 265 (1929)

DOYLE et al. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

May 31, 1929.

Attorney(s) appearing for the Case

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

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

Before STONE, Circuit Judge, and FARIS and SYMES, District Judges.

SYMES, District Judge.

The plaintiffs in error, hereafter called defendants, were indicted and convicted in the Northern district of Oklahoma. The first count of the indictment charged a conspiracy to possess liquor unlawfully within the limits of the Indian Territory, and sets out five overt acts. The second to sixth counts of the indictment made substantive offenses of sale or possession out of the overt acts.

Both defendants were acquitted on the conspiracy...

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