257 F. 294 | 8th Cir. | 1919
Defendant was indicted for, and convicted of, the crime of introducing liquor from without the state into that part of the state of Oklahoma which was formerly Indian Territory. He was found by officers in Nowata, Okl., traveling in a Ford car equipped with a false bottom, having concealed in and about the car more than 280 pints of whisky and some beer. The indictment charged only that defendant “did introduce and carry into the county and district aforesaid, from without the state of Oklahoma,” liquor found in his possession.
At the close of the evidence offered by the government, the defendant demurred to the evidence as insufficient to prove the crime charged, for the reason that the corpus delicti was not established, which demurrer was overruled, the defendant excepting. The defendant offered no evidence, the case was argued, the jury instructed, and a verdict of guilty returned.
Two elements are involved in the offense charged: (1) That the liquor was in fact brought into Oklahoma from some point without the state; and (2) that the defendant was the person who brought it in. A careful examination of the record discloses no fact or circumstance, aside from the statements of the defendant at the time of his arrest, tending to show that the liquor was introduced into the state at the time alleged by any one.
Nowata, where the defendant was apprehended, is located about 24 miles from the Kansas line, and at least twice that far from the
There is no attempt to prove that there were not dozens of other places in that part of the state where the supply could have been obtained. The facts and circumstances (aside from the statements of the defendant) being just as consistent with guilt of some other offense, it cannot be held sufficient as proof of the particular offense charged. ,
“A conviction upon extrajudicial confession, or acts or declarations of a prisoner, will not be sustained, without corroborative proof that the property was in fact stolen.” Naftzger v. United States, 200 Fed. 494, 118 C. C. A. 598.
See, also, 4 Chamberlayne, Evidence, § 1600.
We do not hold that declarations of a party may not be considered in finding the corpus delicti; but, standing alone, they arte insufficient, and other facts and circumstances cannot be said to be corroborative, when they point as directly to some other offense as they do to the crime charged.
The case is reversed and remanded to the District Court, with directions that a new trial be granted.