Opinion
No. 2067.
June 22, 1940.
Appeal from the District Court of the United States for the Eastern District of Oklahoma; Eugene Rice, Judge.
Cecil L. Epps was convicted for violating the Liquor Enforcement Act of 1936, § 3, 27 U.S.C.A. § 223, and he appeals.
Affirmed.
Earl Boyd Pierce and Ray M. Pierce, both of Muskogee, Okla., for appellant.
Cleon A. Summers, U.S. Atty., and Frank Watson, Asst. U.S. Atty., both of Muskogee, Okla., for the United States.
Before PHILLIPS and BRATTON, Circuit Judges, and MURRAH, District Judge.
Epps 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, 50 cases of whiskey, not accompanied by a written permit as required by ch. 16, O.S.L. 1939, 37 Okla. St.Ann. § 41 et seq. Epps has appealed.
Epps 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.
On authority of Hayes v. United States, 10 Cir., 112 F.2d 417, the judgment is affirmed.