Taliaferro v. United States
Decision Date | 10 March 1914 |
Docket Number | 2481. |
Citation | 213 F. 25 |
Parties | TALIAFERRO v. UNITED STATES. |
Court | U.S. Court of Appeals — Fifth Circuit |
Mike E Smith and Theodore Mack, both of Ft. Worth, Tex., for plaintiff in error.
Wm. H Atwell, U.S. Atty., of Dallas, Tex.
Before PARDEE and SHELBY, Circuit Judges, and NEWMAN, District Judge.
The defendant (plaintiff in error here) was indicted in two counts. The first charged that she carried on the business of 'a retail liquor dealer' without having paid the special tax therefor; the second that she did engage in and carry on the business of 'a malt retail liquor dealer' without first having paid the special tax therefor. The jury found her not guilty on the first count and guilty on the second count; that is, they found that she was guilty of unlawfully carrying on the business of 'a malt retail liquor dealer.' The court entered judgment on the verdict and sentenced her to imprisonment in the state penitentiary at Columbus, Ohio, for the period of 18 months.
The evidence, without conflict, showed that, for some time before the finding of the indictment, the defendant lived at 115 1/2 Main street, Ft. Worth, Tex.; that she had rooms for rent kept boarders, and had a hotel sign in front of the place. The defendant's hotel or rooms were upstairs, and on the ground floor under her rooms there was a licensed saloon where liquors were sold. The boarders or inmates of defendant's rooms often ordered drinks from the saloon, which were carried from the saloon to the defendant's place by a porter of the saloon. Several witnesses for the government testified that the defendant kept and sold spirituous and malt liquors in her hotel or rooms. This evidence, if believed by the jury, was sufficient to sustain a verdict of guilty, for she had not paid the special tax. The defendant, as a witness for herself, testified that she never made any sales of spirituous or malt liquors, and that the drinks purchased by her boarders were purchased at the saloon under her rooms. In this she was sustained by several witnesses-- her chambermaid, cook, and others. In brief, there was a sharp conflict of evidence on the question as to whether or not she was engaged in the business as charged. If the jury had believed the evidence she offered, they would have been justified in finding a verdict of not guilty on both counts. The following is an excerpt from the bill of exceptions:
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State v. Lowry
...Tex. 78 S.W. 932; Rock v. State, Ind. 110 N.E. 212; State v. Stike, Mo. 129 S.W. 1024; Day v. United States, 220 F. 818; Taliaferro v. United States, 213 F. 25; People v. Converse, Mich. 121 N.W. 475; v. State, Tex. 97 S.W. 704; Campbell v. State, Tex. 116 S.W. 581; Spain v. State, Tex. 133......
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