Legal Opinion

Feeley v. United States

Court of Appeals for the Eighth Circuit

Decided October 11, 1916No. 4536PublishedCited by 13 opinions

In Error to the District Court of the United States for the District of Wyoming; John A. Riner, Judge. Etta Eeeiey was convicted of violating Rev. St. § 2139, as amended by Act Jan. 30, 1897, by selling intoxicating liquor to an Indian ward of the government under charge of an Indian agent, and she brings error.

1Opinion of the Court

TRIEBER, District Judge.

The defendant was indicted and convicted for violating section 2139 Rev. St., as amended by Act Jan. 30, 1897, 29 St. 506 (Comp. St. 1913, § 4137). The facts are that the defendant sold, in the state of Wyoming, intoxicating liquor to an Indian, a ward of the government and under the charge of an Indian agent.

The only defense the plaintiff in error made was thát she believed, at the time of making the sale, that the Indian, to whom the liquor was sold, was a Mexican. To sustain this defense she offered to prove by a number of witnesses that this Indian claimed to be a…

2Cases cited25 opinions

  1. United States v. KirbySupreme Court of the United States · 1869
  2. Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
  3. United States v. CarllSupreme Court of the United States · 1882
  4. Moore v. United StatesSupreme Court of the United States · 1895
  5. People v. RobyMichigan Supreme Court · 1884

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3Cited by13 opinions

  1. United States v. BalintSupreme Court of the United States · 1922
  2. Ex Parte HarperSupreme Court of Alabama · 1991
  3. Voves v. United StatesCourt of Appeals for the Seventh Circuit · 1918
  4. State v. SchullSouth Dakota Supreme Court · 1938
  5. Zwang v. A. & P. Food StoresAppellate Terms of the Supreme Court of New York · 1944

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