GILBERT v. UNITED STATES

No. 2913.

144 F.2d 568 (1944)

GILBERT v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

August 28, 1944.


Attorney(s) appearing for the Case

Harry Seaton, of Tulsa, Okl. (John M. Goldesberry, of Tulsa, Okl., on the brief), for appellant.

Wm. Knight Powers, Asst. U. S. Atty., of Tulsa, Okl., on the brief), for appellant.

Wm. Knight Powers, Asst. U. S. Atty., of Tulsa, Okl., (Whit Y. Mauzy, U. S. Atty., of Tulsa, Okl., on the brief), for appellee.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.


HUXMAN, Circuit Judge.

Appellant, Kelly Gilbert, was found guilty of violating 25 U.S.C.A. § 244, which makes it an offense to possess intoxicating liquors in Indian country where its introduction was prohibited by treaty or federal statute. The sole evidence used against him consisted of liquor which was found on his premises as the result of a search by J. A. Thompson, an Indian police officer, under a search warrant which admittedly was illegal and void. The...

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