Tucker v. United States

HUXMAN, Circuit Judge.

The appellant, William Dow Tucker, was indicted in the District Court of the United States for the Eastern District of Oklahoma, charged with the crime of unlawfully transporting and importing intoxicating liquor into the State of Oklahoma from the states of Mississippi and Arkansas, in violation of 27 U.S.C.A. § 223, commonly known as the Federal Liquor Enforcement Act of 1936. Appellant filed a plea in bar and motion to quash the indictment. The basis of these pleas was that the Federal Enforcement Act of 1936 did not apply to Oklahoma, because it did not prohibit the…