Legal Opinion

United States v. Kuch

District Court, District of Columbia

Decided July 1, 1968No. Crim. 1473-67PublishedCited by 73 opinions

1Opinion of the Court

OPINION

GESELL, District Judge.

- Judith H. Kuch, who avers she is an “ordained minister of the Neo-American Church”, stands indicted in a seven-count indictment for unlawfully obtaining and transferring marihuana and for the unlawful sale, delivery and possession of LSD. She moves to dismiss on several grounds.

Counts 1, 2 and 7 of the indictment are brought under sections of-the Marihuana Tax Act of 1937, 50 Stat. 551, as amended, Int.Rev.Code of 1954, 26 U.S.C. §§ 4741-4776. The Act provides for a licensing system, occupational and transfer taxes, and receipting requirements for transfers,…

2Cases cited32 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  3. United States v. O'BrienSupreme Court of the United States · 1968
  4. Sherbert v. VernerSupreme Court of the United States · 1963
  5. West Virginia State Board of Education v. BarnetteSupreme Court of the United States · 1943

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3Cited by73 opinions

  1. Frank Africa v. The Commonwealth of Pennsylvania Leroy S. Zimmerman (Attorney General) Bureau of Corrections Ronald Marks (Commissioner of b.o.c.)Court of Appeals for the Third Circuit · 1981
  2. Schaick v. Church of Scientology of California, Inc.District Court, D. Massachusetts · 1982
  3. United States v. RushCourt of Appeals for the First Circuit · 1984
  4. Donald Lee Childs v. Jack Duckworth, Sally Wenzel, and Robert BronnenbergCourt of Appeals for the Seventh Circuit · 1983
  5. United States v. David MeyersCourt of Appeals for the Tenth Circuit · 1996

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