Talkington v. United States

Eighth Circuit

Talkington v. United States

225 F. 367, 140 C.C.A. 391, 1915 U.S. App. LEXIS 2105

CourtCourt of Appeals for the Eighth Circuit

DecidedJune 16, 1915

DocketNo. 4357

StatusPublished

Cited by2 cases

This text of 225 F. 367 (Talkington 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

Talkington v. United States, 225 F. 367, 140 C.C.A. 391, 1915 U.S. App. LEXIS 2105 (8th Cir. 1915).

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Opinion

PER CURIAM.

Talkington and Bastine were tried, convicted, and sentenced for introducing into the county of Carter, state of Oklahoma, from without the state of Oklahoma intoxicating liquor." At the close of all the evidence counsel for defendants demurred to the evidence offered by the government for the reason that the same was insufficient to convict them of the offense charged in the indictment. The demurrers were overruled and an exception taken. •

We have carefully read the testimony, and are of the opinion that the demurrers should have been sustained. There was a failure of evidence to show that the defendants introduced the liquor as charged. Chambliss v. United States, 218 Eed. 154, 132 C. C. A. 112; Lewellen v. United States, 223 Fed. 18, — C. C. A. -; Moore v. United States, 224 Fed. 95, —— C. C. A. -; Sellers v. United States, 222 Fed. 1023, - C. C. A. ——; Crites v. United States, 222 Fed. 1022, - C. C. A. -; Cecil v. United States, 225 Fed. 368, - C. C. A. -; Parks v. United States, 225 Fed. 369, -C. C. A. ——.

The judgment of the lower court is reversed, and a new trial ordered.

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PER CURIAM.

Talkington and Bastine were tried, convicted, and sentenced for introducing into the county of Carter, state of Oklahoma, from without the state of Oklahoma intoxicating liquor." At the close of all the evidence counsel for defendants demurred to the evidence offered by the government for the reason that the same was insufficient to convict them of the offense charged in the indictment. The demurrers were overruled and an exception taken. •

We have carefully read the testimony, and are of the opinion that the demurrers should have been sustained. There was a failure of evidence to show that the defendants introduced the liquor as charged. Chambliss v. United States, 218 Eed. 154, 132 C. C. A. 112; Lewellen v. United States, 223 Fed. 18, — C. C. A. -; Moore v. United States, 224 Fed. 95, —— C. C. A. -; Sellers v. United States, 222 Fed. 1023, - C. C. A. ——; Crites v. United States, 222 Fed. 1022, - C. C. A. -; Cecil v. United States, 225 Fed. 368, - C. C. A. -; Parks v. United States, 225 Fed. 369, -C. C. A. ——.

The judgment of the lower court is reversed, and a new trial ordered.

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Bluebook (online)

225 F. 367, 140 C.C.A. 391, 1915 U.S. App. LEXIS 2105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/talkington-v-united-states-ca8-1915.

Opinion

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