Sellers v. United States

Eighth Circuit

Sellers v. United States

222 F. 1023, 137 C.C.A. 666, 1915 U.S. App. LEXIS 1526

CourtCourt of Appeals for the Eighth Circuit

DecidedMay 3, 1915

DocketNo. 4240

StatusPublished

Cited by5 cases

This text of 222 F. 1023 (Sellers v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sellers v. United States, 222 F. 1023, 137 C.C.A. 666, 1915 U.S. App. LEXIS 1526 (8th Cir. 1915).

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Opinion

IIOOK, Circuit Judge.

Sellers was indicted, convicted, and sentenced for introducing and carrying intoxicating liquor from outside the state of Oklahoma into that part of the state that was formerly Indian Territory, contrary to Act March 1, 1895, c. 145, § 8, 28 Stat. 697. The gist-of the offense is the carrying of the liquor in interstate commerce into the prohibited district. It is not coterminous with the offense under the state law. The mere possession and sale of intoxicating liquor there will not, without more, warrant a conviction under the statute. Chambliss v. United States, 218 Fed. 154, 157, 132 C. C. A. 112. Aside from that there was practically no evidence against the accused. The sentence is reversed, and the cause remanded for a new trial.

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IIOOK, Circuit Judge.

Sellers was indicted, convicted, and sentenced for introducing and carrying intoxicating liquor from outside the state of Oklahoma into that part of the state that was formerly Indian Territory, contrary to Act March 1, 1895, c. 145, § 8, 28 Stat. 697. The gist-of the offense is the carrying of the liquor in interstate commerce into the prohibited district. It is not coterminous with the offense under the state law. The mere possession and sale of intoxicating liquor there will not, without more, warrant a conviction under the statute. Chambliss v. United States, 218 Fed. 154, 157, 132 C. C. A. 112. Aside from that there was practically no evidence against the accused. The sentence is reversed, and the cause remanded for a new trial.

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Bluebook (online)

222 F. 1023, 137 C.C.A. 666, 1915 U.S. App. LEXIS 1526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sellers-v-united-states-ca8-1915.

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