Legal Opinion

Green v. United States

Court of Appeals for the Ninth Circuit

Decided December 14, 1933No. 7215PublishedCited by 8 opinions

1Opinion of the Court

WILBUR, Circuit Judge.

While this case has been pending on appeal, the Eighteenth Amendment to the Constitution of the United States has been repealed by the adoption of the Twenty-First Amendment thereto. In our opinion, the adoption of the Twenty-First Amendment requires the reversal of the judgment for the reasons which will now be stated.

We take judicial notice of the President’s proclamation that the thirty-sixth state at its constitutional convention held December 5th ratified the Twenty-First Amendment which by its terms repealed the Eighteenth Amendment to the Constitution. Dillon v.…

2Cases cited47 opinions

  1. United States v. Schooner PeggySupreme Court of the United States · 1801
  2. United States v. TynenSupreme Court of the United States · 1871
  3. Hertz v. WoodmanSupreme Court of the United States · 1910
  4. United States v. ReisingerSupreme Court of the United States · 1888
  5. Yeaton and Others, of the Schooner General Pinkney and Cargo v. The United StatesSupreme Court of the United States · 1809

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3Cited by8 opinions

  1. Cody v. United StatesCourt of Appeals for the Ninth Circuit · 1934
  2. Lutch v. United StatesCourt of Appeals for the Ninth Circuit · 1934
  3. Ellerbee v. AderholdDistrict Court, N.D. Georgia · 1934
  4. United States v. RosenbergDistrict Court, E.D. New York · 1942
  5. Barker v. United StatesCourt of Appeals for the Eighth Circuit · 1936

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