Legal Opinion

Massey v. United States

Court of Appeals for the Eighth Circuit

Decided May 8, 1922No. 5896PublishedCited by 104 opinions

In Error to the District Court of the United States for the Eastern District of Arkansas; John H. Cotteral, Judge. M. C. Massey was convicted of violating the National Prohibition Act, and he brings error.

1Opinion of the Court

MUNGER, District Judge.

The plaintiff in error was found guilty of two violations of the National Prohibition Act and seeks a reversal of the sentence imposed. The first count in the information charged the illegal possession, and the second count charged the illegal transportation, of intoxicating liquor.

[1,2] The first question presented is the constitutional validity of those portions of the act of Congress which penalize the unlawful possession of intoxicating liquor. The argument of the plaintiff in error is that the Eighteenth Amendment to the United States Constitution limits the power…

2Cases cited64 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Gavieres v. United StatesSupreme Court of the United States · 1911
  3. Graham v. West VirginiaSupreme Court of the United States · 1912
  4. Burton v. United StatesSupreme Court of the United States · 1906
  5. Morgan v. DevineSupreme Court of the United States · 1915

59 more not listed; retrieve them via the Exa API.

3Cited by104 opinions

  1. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  2. Commonwealth v. StofchekSupreme Court of Pennsylvania · 1936
  3. State v. GordonOhio Supreme Court · 1971
  4. Harrison v. StateTennessee Supreme Court · 1965
  5. Myers v. United StatesCourt of Appeals for the Eighth Circuit · 1926

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