Legal Opinion

Wilbur Newton Davis v. United States

Court of Appeals for the Fourth Circuit

Decided June 6, 1960No. 8031PublishedCited by 21 opinions

1Opinion of the Court

HAYNSWORTH, Circuit Judge.

Convicted of conspiracy to violate the narcotics laws, the defendant on appeal raises a multitude of hypertechnical objections.

While the indictment clearly charges a conspiracy to traffic in heroin, Davis contends the indictment is invalid because it charges that the offenses contemplated by the conspiracy were in violation of the Act of December 17, 1914, “commonly known as the Harrison Narcotic Act, and Acts amendatory thereof * * Davis says the Internal Revenue Code of 1939 1 repealed the Harrison Act and was not an amendment of the earlier statute. He points to…

2Cases cited4 opinions

  1. Direct Sales Co. v. United StatesSupreme Court of the United States · 1943
  2. Bartell v. United StatesSupreme Court of the United States · 1913
  3. Mike Georges v. United StatesCourt of Appeals for the Fifth Circuit · 1959
  4. United States v. William P. McKnightCourt of Appeals for the Second Circuit · 1958

3Cited by21 opinions

  1. United States v. Stanley J. Marshall, United States of America v. Richard L. Chapman, John M. Schoenecker, and Patrick BrummCourt of Appeals for the Seventh Circuit · 1990
  2. United States v. Joseph Jesse EspinozaCourt of Appeals for the Fourth Circuit · 1981
  3. United States v. GrunsfeldCourt of Appeals for the Sixth Circuit · 1977
  4. United States v. Michael ChiarizioCourt of Appeals for the Second Circuit · 1975
  5. Feigley v. CommonwealthCourt of Appeals of Virginia · 1993

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