Legal Opinion

United States v. Gallant

District Court, W.D. Michigan

Decided March 1, 1910PublishedCited by 1 opinion

Louis Gallant was indicted for emptying a cask containing distilled spirits without effacing the stamps, marks, and brands, and moves to quash the indictment.

1Opinion of the Court

DENISON, District Judge.

This is a prosecution under section 3324 of the Revised Statutes (U. S. Comp. St. 1901, p. 2168); and it is alleged that, at the time of emptying a cask containing distilled spirits, the respondent “then and there unlawfully did fail to efface and obliterate the said stamp, marks, and brands.” A motion is made to quash the indictment, because it does not otherwise allege a specific wrongful intent; and it is conceded by the district attorney that the evidence will not clearly show any such intent, and will not distinctly', if at all, contradict the respondent’s…

2Cases cited14 opinions

  1. United States v. StowellSupreme Court of the United States · 1890
  2. Potter v. United StatesSupreme Court of the United States · 1894
  3. Felton v. United StatesSupreme Court of the United States · 1877
  4. United States v. StaatsSupreme Court of the United States · 1849
  5. United States v. BayaudU.S. Circuit Court for the District of Southern New York · 1883

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3Cited by1 opinion

  1. State v. Cherry Point Fish Co.Washington Supreme Court · 1913

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