Legal Opinion

Oakshette v. United States

Court of Appeals for the Fifth Circuit

Decided October 15, 1919No. 3187PublishedCited by 4 opinions

In Error to the District Court of the United States for the Northern District of Georgia; William T. Newman, Judge. Criminal prosecution by the United States against J. C. Oakshette. Judgment of conviction, and defendant brings error.

1Opinion of the Court

GRUBB, District Judge.

The plaintiff in error was tried and convicted in the District Court of the Northern District of Georgia, for violations of the Harrison Narcotic Eaw (Act Dec. 17, 1914, c. 1, 38 Stat. 785 [Comp. St. §§ 6287g-6287q]), under two consolidated indictments. He first assigns, as error, in this court, that the District Court overruled a demurrer to the indictments upon which he was tried. The demurrer assailed the constitutionality of the Harrison Act, but the Dor emus Case, 249 U. S. 86, 39 Sup. Ct. 214, 63 L. Ed. 493, has determined that question adversely' to him. The…

2Cases cited2 opinions

  1. United States v. DoremusSupreme Court of the United States · 1919
  2. Melanson v. United StatesCourt of Appeals for the Fifth Circuit · 1919

3Cited by4 opinions

  1. Newman v. StatesCourt of Appeals for the Fourth Circuit · 1924
  2. Rothman v. United StatesCourt of Appeals for the Second Circuit · 1920
  3. Hurwitz v. United StatesCourt of Appeals for the Eighth Circuit · 1924
  4. Nelson v. United StatesCourt of Appeals for the Fifth Circuit · 1924

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