The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 422
xv, 1025 p. ; 23 cm.View a full description of this legislative document.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
250 FEDERAL REPORTER
amined while the facts were fresh in his recollection, and which he then
knew stated the facts correctly.
In Error to the District Court of the United States for the Eastern
District of Oklahoma; Ralph E. Campbell, Judge.
Criminal prosecution by the United States against E. Hodson.
Judgment of conviction, and defendant brings error. Affirmed.
Kelly Brown, of Muskogee, Okl. (N. B. Maxey, of Muskogee, Okl.,
on the brief), for plaintiff in error.
Walter J. Turnbull, Asst. U. S. Atty., of Muskogee, Okl. (W. P.
McGinnis, U. S. Atty., and Paul Pinson, Sp. Asst. U. S. Atty., both
of Muskogee, Okl., on the brief), for the United States.
Before SANBORN, Circuit Judge, and TRIEBER and YOU-
MANS, District Judges.
SANBORN, Circuit Judge. The defendant below, E. Hodson, was
indicted, convicted, and sentenced for introducing liquor from with-
out the state of Oklahoma into the county of Muskogee, in that part of
the state of Oklahoma that was within the Indian Territory prior to the
admission of the state into the Union. He assigns four errors in his
trial.
[1] The first is that the court erred in overruling his demurrer to
the evidence at the close of the plaintiff's case; but the defendant waiv-
ed this objection by subsequently introducing evidence in his defense.
[2] The second is that the court denied his request at the close of
all the evidence to direct the jury to return a verdict in his favor, and
it presents the question whether or not there was any substantial evi-
dence at the trial of his guilt. The record contains substantial evi-
dence of these facts:
On July 11, 1916, Mr. Blake, a deputy United States marshal, seized,
at the depot of the Missouri, Kansas & Texas Railway Company in
Muskogee, Okl., a worn cloth or canvas covered trunk bound by ropes
and without an effective lock, which contained ten gallons of whisky
and had attached to it baggage check No. 164837 of the railway com-
pany, Muskogee to Tulsa. The marshal left the trunk at the depot
and destroyed the whisky. On September 11, 1916, the defendant pre-
sented to Mr. Post, the station agent of the railway company at Tulsa,
the stub or claim check of the railway company, Muskogee to Tulsa,
No. 164837, and claimed a lost trunk thereon. On July 10, 1916, pas-
senger train No. 10 of the railway company from Muskogee to Sedalia,
Mo., was due to leave Muskogee about 4:30 a. m. and to arrive at Se-
dalia at about 1:15 p. m., and passenger train No. 9 was due to leave
Sedalia at about 4:05 p. m. and to arrive at Muskogee at about 12:20
night. About 4 a. m. on July 10, 1916, a man who Mr. Wilson, the
baggageman of the Railway Company at Muskogee, testified he
thought, but was not sure, was the defendant, presented to him a card
ticket from Muskogee to Sedalia and asked him to check, and he did
check and ship, to Sedalia on train No. 10 that morning, a trunk which
was bound by rope and was so light that he asked if it was empty, be-
cause there was a rule against shipping empty trunks, and the man
said it contained his work clothes and he was going to Sedalia. When
Upcoming Pages
Here’s what’s next.
Search Inside
This document can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Legislative Document.
The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38821/m1/437/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.