United States v. Healy

BOURQUIN, District Judge.

In this case the court, of its own motion, vacates the sentence and judgment, sets aside the verdict, and discharges the defendant. The conviction was for a felony, an unlawful sale of intoxicating liquor to an Indian, contrary to Act Jan. 30, 1897, c. 109, 29 ,Stat. 506. The evidence was that the sale was solicited from defendant, in the ordinary course of his trade of retail liquor dealer in the city of Butte, by said Indian, who therein was in the service of government officers as a decoy. It was claimed that there was suspicion that defendant was making like…