Legal Opinion

Turner v. United States

Court of Appeals for the Sixth Circuit

Decided March 5, 1919No. Nos. 3226, 3227PublishedCited by 2 opinions

In Error to the District Court of the United States for the Western District of Tennessee; John E. McCall, Judge. Criminal prosecutions by the United States against Richard D. Turner and against Tom Nesbit. Judgments of conviction, and defendants bring error.

1Per curiam

The proprietor of a roadhouse near Memphis, and his negro porter, were convicted of engaging in business as retail liquor dealers without paying the tax (R. S. § 3244; U. S. Comp. St. § 5971), and bring separate writs of error.

[ 1 ] The proof was ample to support the conviction against the proprietor. The particular claims now made for the porter, because he was only an employe, were not brought to the attention of the court during the trial or saved by exceptions. The effect of section 332 of the Penal Code (Act March 4, 1909, c. 321, 35 Stat. 1152 [Comp. St. § 10506]) is such that we cannot…

2Cited by2 opinions

  1. Sylvia v. United StatesCourt of Appeals for the Sixth Circuit · 1920
  2. Jones v. United StatesCourt of Appeals for the Sixth Circuit · 1919

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