Brown

Brown v. United States

Good Law
8 F.2d 433·1925 U.S. App. LEXIS 3284
United States Court of Appeals for the Ninth CircuitNovember 2, 1925No. 4498California1,344 words

Opinion

Lead Opinion

Hunt, J.

Evelyn Brown was convicted of selling intoxicating liquor to one Enis, a Maricopa Indian under charge of an Indian Agent, and a ward of the United States. The indictment is drawn under the Act of Congress of January 30, 1897 (chapter 109, § 1, 29 St. 506 [Comp. St. § 4137]),, which provides that any person who shall sell liquor or any article which produces intoxication, to an Indian to whom an allotment of land has been made, while the title to the same shall be held in trust by the government, or to any Indian, a ward of the government in charge of any Indian superintendent or agent, or any Indian over whom the government, through its departments, exercises guardianship, and any person who shall introduce liquor into the Indian country, shall be punished by imprisonment for not less than 60 days and by a fine of not less than $100 for the first offense, and not less than $200 for each offense thereafter. That act was amendatory of section 2139 (Comp. St. § 4136a), which provided that every person (except an Indian in an Indian country) who soils or disposes of any spiritous liquor to an Indian under the charge of any Indian superintendent or agent, or who introduces or attempts…

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