Jos. Y. Saunders, of Atlanta, Ga., in United States for the District of Minnesota. pro. per. William P. Murphy, of Crookston, Minn., J. W. Henley, Asst. U. S. Atty., of At- for appellant. lanta, Ga., for appellee. J. H. Sylvester, of Crookston, Minn., for Before WALKER, BRYAN, and FOS- appellee. TER, Circuit Judges. PER CURIAM. Appeal dismissed, with PER CURIAM. The order appealed out costs to either party in this court, per from is affirmed. stipulation of parties. HARRISON et al. SUN INDEMNITY CO. OF NEW YORK, UNITED STATES, Appellant, v. Ed McMahan Circuit Court of Appeals, Eighth Circuit. No. 7033. Appeal from the District Court of the United States for the District of Utah. S. W. Williams and Eustace Smith, of Hutchinson, Kan., for the United States. Tyson S. Dines, Peter H. Holme, and Harold D. Roberts, all of Denver, Colo., for appellees. PER CURIAM. Appeal dismissed per stipulation of parties. 5 UNITED STATES, Appellant, v. T. G. RAM. Circuit Court of Appeals, Eighth Circuit. May 3, 1927. No. 7668. Appeal from the District Court of the Jones, Asst. U. S. Atty., both of Muskogee, Okl. M. W. McKenzie, of Oklahoma City, Okl., See, also, 19 F. (2d) 56. John R. Ramsey and B. W. Griffith, both for appellees. of Tulsa, Okl., for appellant. George A. Henshaw and A. Carey Hough, both of Oklahoma City, Okl., for appellee. PER CURIAM. Appeal dismissed, with costs, per stipulation of parties. PER CURIAM. Appeal dismissed, without costs to either party in this court, on motion of appellant. 3 UNITED STATES, etc., Appellant, v. Earle Circuit Court of Appeals, Eighth Circuit. No. 7444. Appeal from the District Court of the United States for the District of Minnesota. 6 UNITED STATES, Appellant, v. James A. Circuit Court of Appeals, Eighth Circuit. No. 7450. Appeal from the District Court of the United States for the District of Colorado. George Stephan, U. S. Atty., and EthelRussell C. Rosenquest, of Minneapolis, bert Ward, Sp. Asst. U. S. Atty., both of Minn., for the United States. Gilbert E. Harris, of St. Paul, Minn., for appellees. PER CURIAM. Appeal dismissed, without costs to either party in this court, per stipulation of parties. Denver, Colo. John L. Stivers, of Montrose, Colo., for appellee. PER CURIAM. Appeal dismissed, without costs to either party in this court, per stipulation of parties. M. W. McKenzie, of, Oklahoma City, Okl., applied for was by a former order denied for appellees. PER CURIAM. Appeal dismissed, without costs to either party in this court, on motion of appellant. 2 UNITED STATES ex rel. George Brown GEIGER, Petitioner, v. F. E. KENNAMER, United States District Judge for the Northern District of Oklahoma, Respondent. Circuit Court of Appeals, Eighth Circuit. September 10, 1927. No. 309. On petition for writ of mandamus. George Brown Geiger, for petitioner. John M. Goldesberry, U. S. Atty., of Tulsa, Okl., for respondent. Before STONE and VAN VALKENBURGH, Circuit Judges, and POLLOCK, District Judge. POLLOCK, District Judge. Petitioner was indicted, the indictment containing two counts, tried and convicted in the District Court for the Northern District of Oklahoma, and on the first count he was sentenced to serve two years imprisonment in the federal prison, Leavenworth, Kan., and to pay a fine of $100; on the second count he was sentenced to pay a fine of $50. Being confined in said prison in execution of said judgment, petitioner applied to the trial court to be permitted to prosecute a writ of error to the Circuit Court of Appeals as a pauper. He also presented an assignment of errors, on and now stands again for decision; the former order having been vacated, the matter stands on the petition presented to the trial judge, with the assignments of error, the indictment, the judgment of conviction, and the response of Judge Kennamer to the rule to show cause why the writ should not issue. From this record it appears petitioner is wrong in his principal contention. It is the main contention of petitioner that count 1 of the indictment is drawn under the Volstead Act (27 USCA), whereas, as appears from the indictment itself, count 1 charges a violation of the Act of June 30, 1919, which punishes the having in possession intoxicating liquors in the Indian country, or where the introduction is or was prohibited by federal statute; that the introduction of intoxicating liquor into the place and county in which the petitioner was charged with the unlawful possession, namely, Okfuskee county, Oklahoma, was and is prohibited by federal statute is not open to denial. The crime charged in count 1 is a felony and the punishment imposed is well within the law. This disposes of assignments of error I and V. An examination of the remaining errors assigned discloses nothing of substance of which petitioner could possibly have complained as error in this court, had he been allowed his writ of error. The holding of this court in the case of Chapman v. Sanborn, 18 F. (2d) 254, conclusively settled the power, duty, and right of Judge Kennamer to deny the writ of error, as he did by the showing in this record. The petition for the writ prayed must be denied, and is denied. In Error to the District Court of the United States for the Eastern District of Oklahoma. L. M. Gensman, of Lawton, Okl., for plaintiff in error. Leslie E. Salter, Asst. U. S. Atty., of Oklahoma City, Okl. PER CURIAM. Writ of error docketed and dismissed, without costs to either party in this court, on motion of defendant in error, under rule 16. 6 Lee L. WELCH et al., Plaintiffs In Error, v. Circuit Court of Appeals, Eighth Circuit. No. 7886. In Error to the District Court of the C. E. Corbett, of Muskogee, Okl., for United States for the District of Utah. plaintiff in error. Frank Lee, U. S. Atty., and W. F. Rampendahl, Asst. U. S. Atty., both of Muskogee, Okl. PER CURIAM. Writ of error dismissed on motion of defendant in error under rule 24. W. R. Hutchinson, Jr., of Salt Lake City, Utah, for plaintiffs in error. Charles M. Morris, U. S. Atty., of Salt Lake City, Utah. PER CURIAM. Writ of error dismissed on motion of defendant in error under rule 16. 21 F.(2d) 2 Antny WILSON, Appellant, v. Joe ABRAHAM J. A. WOLF, Plaintiff in Error, v. UNITED et al. STATES. Circuit Court of Appeals, Eighth Circuit. April 7, 1927. No. 7808. In Error to the District Court of the United States for the Western District of Oklahoma. Charles B. Duffy, of Ponca City, Okl., for plaintiff in error. Leslie E. Salter, Asst. U. S. Atty., of Oklahoma City, Okl. PER CURIAM. Writ of error docketed and dismissed, on motion of defendant in error, under rule 16. END OF CASES IN VOL. 21 F. (2d) |