112 F.2d 931 - Epps v. United States — 112 F.2d 931

How this case has been cited

Cited by 8 later decisions — most recently October 1969

6 federal appellate · 1 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Earl Boyd Pierce and Ray M. Pierce, both of Muskogee, Okl., for appellant.

¶2Cleon A. Summers, U. S. Atty., and Frank Watson, Asst. U. S. Atty., both of Muskogee, Old., for the United States.

¶3Before PHILLIPS and BRATTON, Circuit Judges, and MURRAIL, District Judge.

¶4PER CURIAM.

¶5Epps was indicted, tried, convicted, and sentenced for a violation of the Liquor Enforcement Act of 1936, 27 U.S.C.A. § 223. The indictment charged that Epps unlawfully transported and imported into the state of Oklahoma intoxicating liquor containing more than four per cent of alcohol by volume, to wit, SO cases of whiskey, not accompanied by a written permit as required by ch. 16, O.S.L.1939, 37 Okl. St.Ann. § 41 et seq. Epps has appealed.

¶6Epps contends that ch. 16, supra, is unconstitutional and, therefore, the Liquor Enforcement Act of 1936 is inapplicable to Oklahoma. See Dunn v. United States, 10 Cir., 98 F.2d 119, 117 A.L.R. 1302.

¶7On authority of Hayes v. United States, 10 Cir., 112 F.2d 417, the judgment is affirmed.