Mitton

The indictment in this case charged appellant with selling “malt and intoxicating liquor, to wit, beer,” to an Indian ward of the government under charge of an Indian superintendent and, in a separate count, charged him with introducing such liquor into the Indian country (R.S. § 2139, 25 U.S.C.A. § 241 ). 1 Appellant was arraigned, pleaded not guilty, waived trial by jury, was tried by the court without a jury, and, having been convicted and sentenced, prosecutes this appeal.

The record shows, without conflict or dispute, that appellant introduced into the Fort Peck Indian Reservation, in the District of Montana, certain malt liquor, to wit, beer, having an alcoholic content of 3.2 per cent, by weight, and that he sold and delivered a quantity of said liquor to Richard Crow, an Indian ward of the government under' charge of an Indian superintendent. Whether these acts were sufficient to constitute the offenses charged in the indictment is the question, and the only question, raised on this appeal.

This, obviously, is merely a question of the sufficiency of the evidence to sustain the judgment. No such question was rais *279 ed in the trial court. In that court, appellant did…