Clendennin v. United States
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Southern District of West Virginia, at Charleston; Benjamin F. Keller, Judge. Criminal prosecution by the United States against .Rufus Clendennin. Judgment of conviction, and defendant brings error.
1Opinion of the Court
WOODS, Circuit Judge.
The defendant was convicted of carrying on .the business of a retail liquor dealer without having paid the special tax. The main question here is whether the District Judge erred when he charged the jury in effect that, if they believed either the testimony offered by the government or that offered by the defendant, the offense charged was made out.
These facts are not in dispute: Under the authority of a statute of West Virginia the defendant was employed as an officer to enforce the state prohibition law, and was placed under the control of the prosecuting attorney for…
2Cases cited3 opinions
- South Carolina v. United StatesSupreme Court of the United States · 1905
- State v. . DownsSupreme Court of North Carolina · 1895
- Wortham v. StateMississippi Supreme Court · 1902
3Cited by1 opinion
- United States v. HugheyDistrict Court, W.D. Arkansas · 1953