Dunbar v. United States
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF OREGON. On July 14,1893, there was returned into the District Court of the United States for the District of Oregon an indictment against the defendant, William Dunbar, now plaintiff in error, charging him in five counts, under § 2865, Eev. Stat., with the crime of smuggling.
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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF OREGON. On July 14,1893, there was returned into the District Court of the United States for the District of Oregon an indictment against the defendant, William Dunbar, now plaintiff in error, charging him in five counts, under § 2865, Eev. Stat., with the crime of smuggling. On November 25, 1893, there was also filed in the same court a second indictment charging him in nine counts with a violation of § 3082, Rev. Stat. Section 2865 provides: “ If any person shall knowingly and wilfully, with intent to defraud the revenue…
1Opinion of the CourtJustice Brewer
The first question presented for our consideration is as to the sufficiency of these counts in the indictment. The description of the. property charged to have been smuggled is “ prepared opium . . . subject to duty by law, to wit, the duty of twelve dollars per pound.”
The revenue act of October 1, 1890, c. 1244, 26 Stat. 567, commonly known as the “ McKinley act,” was in force at the time of the commission of these alleged'offences, and the only clauses in it in terms prescribing a duty on opium imported from foreign countries are paragraphs 47 and 48 of section 1, which read:
“ 47. Opium,…
2Cases cited4 opinions
- United States v. CarllSupreme Court of the United States · 1882
- Hopt v. UtahSupreme Court of the United States · 1887
- Miles v. United StatesSupreme Court of the United States · 1881
- Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
3Cited by223 opinions
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- Hagner v. United StatesSupreme Court of the United States · 1932
- United States v. PetrilloSupreme Court of the United States · 1947
- Durland v. United StatesSupreme Court of the United States · 1896
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