224 F. 935 | 8th Cir. | 1915
Plaintiff in error was indicted and convicted for introducing liquor into the Indian Territory from without the state of Oklahoma in violation of the act of March 1, 1895. The indictment particularizes the offense by alleging that the defendant introduced liquor into the county of Ottawa and state of Oklahoma from
The evidence tended to show that the defendant lived in Chelsea, Okl., which was within the boundary of the Indian Territory, and that he was arrested by a United States deputy marshal on his way home /from Baxter Springs, Kan., having in his possession two suit cases, one of which contained seven quarts of whisky; that he gave an assumed name upon his arrest and endeavored by shifting his suit cases from one place to another on the train to prevent the officer from finding him m.actuai possession of the liquor. From this evidence and other facts and circumstances produced in evidence the jury found him guilty as charged in the indictment, and he was sentenced to be imprisoned in jail for a period of five months and to pay a fine of $100. To reverse this judgment he prosecutes this writ of error.
The next assignment of error is that the court erred in its charge, to the jury on the subject of circumstantial evidence. A careful reading of the charge shows that the usual and proper definition of circumstantial evidence was given and no improper comments made about it.
Finding no reversible error in the case, the judgment of the District Court is affirmed.