Overton v. California, 235 U.S. 31 (1914)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 235 U.S. 27, click here.

Overton v. California


No. 40


Submitted October 19, 1914
Decided November 9, 1914
235 U.S. 31

ERROR TO THE SUPREME COURT
OF THE STATE OF OKLAHOMA

Syllabus

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.