
    SELLERS v. UNITED STATES.
    (Circuit Court of Appeals, Eighth Circuit.
    May 3, 1915.)
    No. 4240.
    In Error to the District Court of the United States for the Eastern District of Oklahoma.
    Eck E. Brook, of Muskogee, Okl (W. N. Brook, of Muskogee, Okl., on the brief), for plaintiff in error.
    Carter Smith, Asst. U. S. Atty., of Muskogee, Okl. (D. H. Line-ba.ugh, U. S. Atty., of Muskogee, Okl., on the brief), for the United States.
    Before HOOK and CARBAND, Circuit Judges, and AMIDON, District Judge.
   IIOOK, Circuit Judge.

Sellers was indicted, convicted, and sentenced for introducing and carrying intoxicating liquor from outside the state of Oklahoma into that part of the state that was formerly Indian Territory, contrary to Act March 1, 1895, c. 145, § 8, 28 Stat. 697. The gist-of the offense is the carrying of the liquor in interstate commerce into the prohibited district. It is not coterminous with the offense under the state law. The mere possession and sale of intoxicating liquor there will not, without more, warrant a conviction under the statute. Chambliss v. United States, 218 Fed. 154, 157, 132 C. C. A. 112. Aside from that there was practically no evidence against the accused. The sentence is reversed, and the cause remanded for a new trial.  