The court having instructed the jury that, if the shipment of
liquor within the state was to complete an interstate shipment, the
local prohibition statute did not apply, the contention that §
4180, Snyder's Compiled Laws of Oklahoma, is repugnant to the
commerce clause of the federal Constitution,
held too
frivolous to support the jurisdiction of this Court to review the
judgment of the state court on writ of error.
The record in this case not justifying the assumption that the
conclusion of guilt could only have been reached by disregarding
proof, this Court has no jurisdiction to review the judgment of the
state court on writ of error on that ground; it is frivolous.
Writ of error to review 7 Okl.Cr. 203 dismissed.
The facts are stated in the opinion.
Page 235 U. S. 32
Memorandum opinion by direction of the court, by MR. CHIEF
JUSTICE WHITE:
The verdict and sentence were on an indictment for illegally
moving liquor (§ 4180, Snyder's Compiled Laws of Oklahoma). The
defense was that the movement was to complete an interstate
shipment from Missouri. The court instructed that the statute did
not apply to such a shipment, and hence, if the movement was as
asserted, there must be an acquittal. Under this situation, the
contention here made that the statute was repugnant to the commerce
clause is too frivolous to support jurisdiction. And this is also
true of the contention that there is jurisdiction because the facts
establish that the conclusion of guilt could only have been reached
by plainly disregarding the proof as to the character of the
shipment, thus in fact applying the statute to interstate commerce,
* since the record
affords no justification for the assumption upon which the
proposition rests.
Dismissed for want of jurisdiction.
*
Kansas City Southern Ry. Co. v. Albers Commission
Co., 223 U. S. 573,
223 U. S. 591;
Creswill v. Knights of Pythias, 225 U.
S. 246,
225 U. S. 261;
Southern Pacific Co. v. Schuyler, 227 U.
S. 601,
227 U. S. 611;
Portland Ry. Co. v. Oregon R. Commission, 229 U.
S. 397,
229 U. S.
411-412;
Miedreich v. Lauenstein, 232 U.
S. 236,
232 U. S.
243-244;
Missouri, Kans. & Tex. Ry. v.
West, 232 U. S. 682,
232 U. S.
691-692.
