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MITTON v. UNITED STATES

No. 8089.

83 F.2d 278 (1936)

MITTON v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

April 9, 1936.

Attorney(s) appearing for the Case

C. A. Spaulding, of Helena, Mont., for appellant.

John B. Tansil, U. S. Atty., and Roy F. Allen, Asst. U. S. Atty., both of Butte, Mont., for appellee.

Before WILBUR, MATHEWS, and HANEY, Circuit Judges.

MATHEWS, Circuit Judge.

The indictment in this case charged appellant with selling "malt and intoxicating liquor, to wit, beer," to an Indian ward of the government under charge of an Indian superintendent and, in a separate count, charged him with introducing such liquor into the Indian country (R.S. § 2139, 25 U.S.C.A. § 241).1 Appellant was arraigned, pleaded not guilty, waived trial by jury, was tried by the court without...

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