KESTERSON v. UNITED STATES

No. 1176.

76 F.2d 913 (1935)

KESTERSON et al. v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

April 8, 1935.


Attorney(s) appearing for the Case

Frank Hickman, of Tulsa, Okl. (Hickman & Ungerman, of Tulsa, Okl., on the brief), for appellants.

Joe W. Howard, Asst. U. S. Atty., of Tulsa, Okl. (C. E. Bailey, U. S. Atty., of Tulsa, Okl., on the brief), for the United States.

Before LEWIS, McDERMOTT, and BRATTON, Circuit Judges.


LEWIS, Circuit Judge.

An indictment returned against appellants charged them with carrying on the business of a retail liquor dealer in Tulsa, Oklahoma, on August 17, 1934, contrary to the laws of said state, without having paid the special excise tax of $1000 as required by 26 USCA § 206.

Section 205 (a), 26 USCA, prescribes a $25 tax for retail liquor dealers, while said section 206 prescribes a $1000 tax for retail liquor dealers where state or local...

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