Elam v. United States

BOOTH, Circuit Judge.

Plaintiff in error, hereafter called defendant, was tried and convicted on an indictment charging him with having in his possession on November 26, 1923, intoxicating liquors in and upon Indian country, to wit, Osage county, Okl. The indictment was drawn under Act May 25, 1918 (40 Stat. 563 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 4137aa]), which refers to two former statutes (27 Stat. 260, and 29 Stat. 506 [Comp. St. §§ 4136a, 4137]), and Act March 2, 1917, c. 146 (39 Stat. 983 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 4137a]), which provides “that all of Osage…