GILBERT v. UNITED STATES

No. 3494.

163 F.2d 325 (1947)

GILBERT v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

August 20, 1947.


Attorney(s) appearing for the Case

Harry Seaton, of Tulsa, Okl., for appellant.

Lawrence E. Todd, Asst. U. S. Atty., of Tulsa, Okl. (Whit Y. Mauzy, U. S. Atty., of Tulsa, Okl., on the brief), for appellee.

Before PHILLIPS and BRATTON, Circuit Judges, and SYMES, District Judge.


BRATTON, Circuit Judge.

The indictment in this case, drawn under 25 U.S.C.A. § 244, charged that Emma Gilbert had nine pints of intoxicating liquor in her possession at Fairfax, Oklahoma, in the Indian country where the possession of intoxicating liquor was prohibited by federal statute. The defendant filed a motion for the suppression of the liquor as evidence and for its return. The ground of the motion was that the chief of police of the City of Fairfax acting...

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