Bonner v. United States

• Decision Date: 10 September 1921
• Docket Number: 5579.
• Citation: Bonner v. United States, 275 F. 614 (8th Cir. 1921)
• Parties: BONNER v. UNITED STATES.
• Court: U.S. Court of Appeals — Eighth Circuit

275 F. 614

BONNER v. UNITED STATES.

No. 5579.

United States Court of Appeals, Eighth Circuit.

September 10, 1921

John H Holland, of Ft. Smith, Ark., for plaintiff in error.

J. S Holt, U.S. Atty., of Ft. Smith, Ark.

Before HOOK, Circuit Judge, and COTTERAL and JOHNSON, District Judges.

HOOK Circuit Judge.

James Bonner seeks a review of a sentence imposed upon him on conviction of conspiracy, with others, in the Western District of Arkansas, to commit an offense against the United States (Criminal Code, Sec. 37 (Comp. St. Sec. 10201)), to wit, the introduction of intoxicating liquor from outside the state of Oklahoma into the part of that state which was formerly Indian Territory (Act March 1, 1895, 28 Stat. 693). All his assignments of error are pointed directly or indirectly to the sufficiency of the evidence of his guilt. But there was no challenge of the evidence in that particular at the close of the trial by demurrer, motion, request for instruction, or otherwise. Consequently, according to the long-settled practice in the courts of the United States the question in not open here. Furthermore, four of the five assignments...