Mitton v. United States

MATHEWS, Circuit Judge.

The indictment in this case charged appellant with selling “malt and intoxicating liquor, to wit, beer,” to an Indian ward of the government under charge of an Indian superintendent and, in a separate count, charged him with introducing such liquor into the Indian country (R.S. § 2139, 25 U.S.C.A. § 241).1 Appellant was arraigned, pleaded not guilty, waived trial by jury, was tried by the court without a jury, and, having been convicted and sentenced, prosecutes this appeal.

The record shows, without conflict or dispute, that appellant introduced into the Fort Peck…