United States v. Turner
District Court, W.D. Virginia
Ií. L,. Turner was indicted for removing and concealing untaxed spirits. On demurrer to the indictment. The defendant has been indicted, under section 3296, Rov. St. (Comp. St. § 6038), for removing and for concealing untaxed spirits. The offenses are charged to have been committed on Juno 27, 1920. The defendant demurred to the indictment, on the ground that the Volstead Act (41 Stat. 305) repeals section 3296. The demurrer was overruled.
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Ií. L,. Turner was indicted for removing and concealing untaxed spirits. On demurrer to the indictment. The defendant has been indicted, under section 3296, Rov. St. (Comp. St. § 6038), for removing and for concealing untaxed spirits. The offenses are charged to have been committed on Juno 27, 1920. The defendant demurred to the indictment, on the ground that the Volstead Act (41 Stat. 305) repeals section 3296. The demurrer was overruled. Section 3296, Rev. St., reads: “Whenever any person removes, or aids or abets in the removal of any distilled spirits on which the ta.x has not been paid,…
1Opinion of the CourtMcDOWRLL, District Judge
(after stating the facts as above). [1, 2] The chief purpose of the framers "of the Volstead or National Prohibition Act (Act Oct. 28, 1919, 41 Stats. 305) was to reduce and as far as possible 1o prevent the use of intoxicating liquor as a beverage. Title 1 increases the powers of the government to enforce sundry temporary prohibition statutes — for instance, section 12 of the Selective Service Act (Act May 18, 1917, 40 Stat. 76, 82 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 2019a]; Act Oct. 6, 1917, 40 Stat. 393 (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 2813c]); section 15 of Act Aug.…
2Cases cited4 opinions
- Gavieres v. United StatesSupreme Court of the United States · 1911
- Morey v. CommonwealthMassachusetts Supreme Judicial Court · 1871
- Ebeling v. MorganSupreme Court of the United States · 1915
- Carter v. McClaughrySupreme Court of the United States · 1902
3Cited by14 opinions
- Morrison v. CaliforniaSupreme Court of the United States · 1934
- United States v. FleischmanSupreme Court of the United States · 1950
- Williams v. United StatesCourt of Appeals for the D.C. Circuit · 1943
- Maresca v. United StatesCourt of Appeals for the Second Circuit · 1921
- Fontenot v. AccardoCourt of Appeals for the Fifth Circuit · 1922
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