McMillan v. United States

STONE, Circuit Judge.

This was originally' a joint writ of error by J. S. McMillan and Margaret Gray from convictions under an indictment containing two counts, one for possession of intoxicants in former Indian territory and one for transportation of intoxicants. Counsel for plaintiffs in error stated in the argument that the writ had been dismissed as to Margaret Gray and the case was presented for McMillan alone, and will be so considered.

The first count of the indictment charged the defendant with having possession of one pint of whisky at a place “located half mile east of Rose Hill…