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TURNER v. UNITED STATES

No. 1055.

73 F.2d 838 (1934)

TURNER v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

November 21, 1934.

Attorney(s) appearing for the Case

Frank Hickman, of Tulsa, Okl. (Irvine E. Ungerman, of Tulsa, Okl., on the brief), for appellant.

W. F. Rampendahl, U. S. Atty., of Muskogee, Okl. (C. L. McArthur, Asst. U. S. Atty., of Muskogee, Okl., on the brief), for the United States.

Before LEWIS and PHILLIPS, Circuit Judges, and JOHNSON, District Judge.

LEWIS, Circuit Judge.

Appellant was indicted, convicted and sentenced for possessing intoxicating liquor on September 29, 1933, at a certain point in Muskogee, Oklahoma, said place being in what was formerly the Indian country. Act of June 30, 1919 (25 USCA § 244).

We notice that said section was repealed March 5, 1934. 48 Stat. 396. The repeal of that section, however, does not extinguish penalties or liabilities theretofore incurred. Rev. St. §...

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