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Legal Opinion

Duke v. United States

Supreme Court of the United States

Decided May 24, 1937No. 907PublishedCited by 52 opinions

1Opinion of the CourtJustice Sutherland

The court below, being divided and in doubt, and desiring the instruction and advice of this court, has certified the following questions of law:

“1. May a misdemeanor, for which no infamous punishment is prescribed, be prosecuted by information, where the punishment therefor may exceed $500 fine or six months’ imprisonment, without hard labor, or both?
“2. May an offense under Sec. 137 of the Criminal Code be prosecuted by information?”

The certificate contains the following statement of facts:

“This was a prosecution for violation of Sec. 137 of the Criminal Code, 18 U. S. C. A. 243, which…

2Cases cited2 opinions

  1. Falconi v. United StatesCourt of Appeals for the Sixth Circuit · 1922
  2. Hunter v. United StatesCourt of Appeals for the Fourth Circuit · 1921

3Cited by52 opinions

  1. Russell v. United StatesSupreme Court of the United States · 1962
  2. Kordel v. United StatesSupreme Court of the United States · 1948
  3. American Tobacco Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1945
  4. UNITED STATES of America, Plaintiff-Appellee, v. PITT-DES MOINES, INC., Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1999
  5. Catlette v. United StatesCourt of Appeals for the Fourth Circuit · 1943

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