Legal Opinion · Dissent

Butterfield v. United States

Court of Appeals for the Eighth Circuit

Decided March 19, 1917No. 4527Published

In Error to the District Court of the United States for the Western District of Oklahoma. Johnston Butterfield and another were convicted of an offense, and they bring error.

1DissentSmith, Circuit Judge

With all possible respect for the opinions of my Associates I feel compelled to unqualifiedly dissent from the foregoing opinion. The defendants below, plaintiffs in error here, were indicted, charged with a violation of the act of January 30, 1897. Chapter 109, 29 Stats. 506, U. S. Compiled Statutes 1916, § 4137, which so far as material is as follows :

“Any person who shall introduce or attempt to introduce any malt, spirituous, or vinous liquor, including beer, ale, and wine, or any ardent or intoxicating liquor of any kind whatsoever into the Indian country, which term shall include any…

2Cases cited8 opinions

  1. Clark Distilling Co. v. Western Maryland Railway Co.Supreme Court of the United States · 1917
  2. Clairmont v. United StatesSupreme Court of the United States · 1912
  3. United States v. FarenholtSupreme Court of the United States · 1907
  4. Schaap v. United StatesCourt of Appeals for the Eighth Circuit · 1914
  5. United States v. Four Bottles Sour-Mash WhiskyDistrict Court, D. Washington · 1898

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