United States v. Rosenberg
District Court, S.D. New York
Jacob Rosenberg was indicted for violation of the Harrison Anti-Narcotic Haw, and he demurs to the indictment... Demurrer to an indictment for the violation" of section 2 of Act Doe. 17, 301!, c. 1. GS ¡3tat. at Large, pp. 785, 786 (Comp. St. 1016, § 6287h) known as the Harrison Anti-Narcotic Law.
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Jacob Rosenberg was indicted for violation of the Harrison Anti-Narcotic Haw, and he demurs to the indictment... Demurrer to an indictment for the violation" of section 2 of Act Doe. 17, 301!, c. 1. GS ¡3tat. at Large, pp. 785, 786 (Comp. St. 1016, § 6287h) known as the Harrison Anti-Narcotic Law. The indictment charges that the defendant was a physician registered with the collector of internal revenue as a dealer, distributor, and dispenser of opium and its derivatives, and that as such ho dispensed to one Stutzenberg a quantity of heroin; that he so dispensed the heroin, “not in the course…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] The chief question raised by the demurrer is whether section 2 of the Harrison Act is valid as a revenue provision, as which alone it can stand. That section forbids any person from selling opium to another who does not present a written blank furnished by the collector of internal revenue. The section later provides, that the collector may furnish these blanks only to registered persons, who are defined by section 1, and who, roughly speaking, must be either sellers or makers. Presumably the phrase “any person” in the first sentence of the section,…
2Cases cited7 opinions
- United States v. Jin Fuey MoySupreme Court of the United States · 1916
- McCray v. United StatesSupreme Court of the United States · 1904
- Veazie Bank v. FennoSupreme Court of the United States · 1869
- United States v. FriedmanDistrict Court, W.D. Tennessee · 1915
- United States v. CurtisDistrict Court, N.D. New York · 1916
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3Cited by4 opinions
- United States v. AchtnerCourt of Appeals for the Second Circuit · 1944
- People v. GennaroAppellate Division of the Supreme Court of the State of New York · 1941
- State v. TaylorNew Jersey Superior Court Appellate Division · 1962
- United States v. DenkerDistrict Court, E.D. New York · 1918