The copper era and Morenci leader., 1915-10-01
PERSONAL PRIVILEGE APPEAL TAKEN
 FROM CASE
First Case, on Direct Right of Resi- dent to Import for Personal Use" {. Is Appealed to the Supreme
 Court.

of whether or not a person has the | right to introduce whiskey into the l state, for his own use, by the appeal l of the case of William Stansbury, ] which was tried before Judge Lock i wood this morning. Stansbury was arrested at Bowie on June 20 by Dep uty Sheriff Prewitt, charged with bringing introducing liquor into the State of Arizona The information charges him with that offense and does not allege that he brought it in for any purpose whatever. The jury was impanelled and the case tried all within an hour
 The State put on one witness, J. D. Prewitt, the arresting officer, who tes tified regarding the arrest and iden- tified a bottle of whiskey which he took from the defendant at the time. The defendant then took the stand and did not deny the facts as stated by the officer, but admitted that he purchased the bottle in Lords burg, N M., and brought it into the State of Arizona for his own use. The case was argued and submitted to the jury, who were out but short time, returning a verdict of guilty. The court then fined Stanbury $25 and sentenced him to serve a term of ten days in the county jail at hard labor' A stay of execution was grant cd +ho of +ho &o the Supreme Court The papers in the appeal will. be perfected at once and the matter taken up before that body as soon as possible.
 The court refused to give the fol lowing instruction, as asked for by the defendant:
 You are instructed that if you are satisfied, from the evidence, beyond a reasonable doubt, that the defend ant did, on June 26th, 1915, introduce
 into the State of Arizona intoxicating . liquor, to wit, whiskey, as charged in
 the information, but, believe, from the
 evidence, that the defendant did so
 introduce the said liquor for the sole
 purpose of drinking it, or using it for
 his own personal use, and without any purpose or intent whatever to dispose
 of, give away, barter, exchange, or
 sell the said liquor in any manner
 whatsoever, oyu, will acquit the de
 fendant
 "The fact that the defendant in
 tended, at the time he introduced said
 liquor into the State of Arizona, to drink the same or use it for his own
 personal use, is defense, upon , which the defendant can rely, and, if , it is believed by you, from the evi-
 dence, will entitle him to be acquitted by you"
 r The court, over the objections of the defendant, gave an instruction similarly worded as the above, except that the words in the last line of the first paragraph read, will not entitle you to acquit the defendant" and in
 the last line of the second paragraph, will not entitle him to be acquitted l by you" The word not was also , inserted before the words "a defense,' 9
 making it read, 'is not a defense'
 The case is the first case in the , history of the prohibition law in Ari. 1 lzona where the matter has been di- rectly appealed to the Supreme Court ion the question of the introduction of
 liquor for personal use has been , raised A number of cases on other : points have gone up to the Supreme
 Court, but not involving this point
 which has been the contention oi
 many lawyers that persons do have
 the right under the Webb-Kenyon law ? as passed by Congress to bring liquor y into dry state for his own use. :, It was thought that the case tried i recently at Globe would bring thi, :. matter up, but according to attorney: X here, that case was enormously re
 ported and was not appealed, as wal T first thought.
 The outcome of this case will be ! watched with interest, as this ques l.. tion is one that there is a difference
 of opinion on even within the rank:
 of the prohibitionists themselves. MT 0 Bucknam, the leader, stated that tho 1 law was not intended to shut out man from bringing in liquor for hi' own use, while others claim that tn, , law means what it says. Attorney j. General Jones in a recent opinion n states that there wes no exception B. in the introduction and if a perso1