Legal Opinion

Preyer v. United States

Court of Appeals for the Fourth Circuit

Decided November 9, 1920No. 1793PublishedCited by 1 opinion

In Error to the District Court of the United States for the Eastern District of South Carolina, at Columbia; Henry A. Middleton Smith, Judge. Henry J. Preyer was convicted of transporting liquor into the state of South Carolina, in violation of the Reed Amendment, and he brings error. Reversed and remanded, with instructions to grant a new trial.

1Opinion of the Court

KNAPP, Circuit Judge.

Plaintiff in error, hereinafter referred to as defendant, was indicted for transporting liquor into the state of South Carolina, in violation of the Reed Amendment (Comp. St. 1918, Comp. St. Ann. Supp. 1919, §§ 8739a, 10387a-10387c). The alleged offense was committed and the first trial had before the decision of the Supreme Court in United States v. Gudger, 249 U. S. 373, 39 Sup. Ct. 323, 63 L. Ed. 653. At that time it was assumed that defendant would be guilty if he brought the liquor into South Carolina, though only for the purpose and in the course of carrying it…

2Cases cited2 opinions

  1. United States v. GudgerSupreme Court of the United States · 1919
  2. Preyer v. United StatesCourt of Appeals for the Fourth Circuit · 1919

3Cited by1 opinion

  1. United States v. WinklerDistrict Court, W.D. Texas · 1924

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