General

CRITES v. UNITED STATES

222 F. 1022·United States Court of Appeals for the Eighth Circuit·1915

Before HOOK and CAR-LAND, Circuit Judges, and AMIDON, District Judge

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Opinion

CRITES v. UNITED STATES. (Circuit Court of Appeals, Eighth Circuit May 3, 1915.) No. 4257. In Error to the District Court of the United States for the Eastern District of Oklahoma. A. F. Moss, of Tulsa, Okl. (H. B. Martin, of Tulsa, Okl., on the brief), for plaintiff in error. Carter Smith, Asst. U. S. Atty., of Muskogee, Okl. (D. H. Linebaugh, U. S.- Atty., of Muskogee, Okl., on the brief), for the United States. Before HOOK and CAR-LAND, Circuit Judges, and AMIDON, District Judge [MAJORITY — HOOK, Circuit Judge.] HOOK, Circuit Judge. Crites was convicted of the offense of introducing and carrying intoxicating liquor from without the state of Oklahoma into that part of the state which was formerly Indian Territory, contrary to Act March 1, 1895, c. 145, § 8, 28 Stat. 697. We do not think the evidence sufficient to Justify the conviction. The sentence is reversed, and the ■cause is remanded for a new trial.