Legal Opinion
Duff v. United States
Court of Appeals for the Fourth Circuit
Decided February 15, 1911No. 980PublishedCited by 4 opinions
In Error to the Circuit Court of the United States for the Northern District of West Virginia, at Philippi. Dloyd Duff was convicted of refilling a bottle of distilled spirits without destroying the stamp previously affixed thereto, and he brings error.
1Opinion of the Court
ROSE, District Judge.
The plaintiff in error, to be hereafter referred to as the defendant, was convicted for a violation of section 6 of the Act of March 3, 1897, c. 379, 29 Stat. 626, 627, 3 Fed. Stats. Ann. 704 (U. S. Comp. St. 1901, p. 2152). This section reads, so far as is material:
“That any person who shall * * * re-use a bottle for the purpose of containing distilled spirits which has once been filled and stamped under the provisions of this act without removing and destroying the stamp so previously affixed to such bottle * * * shall be fined,” etc.
The government proved that its…
2Cases cited2 opinions
- Crumpton v. United StatesSupreme Court of the United States · 1891
- France v. United StatesSupreme Court of the United States · 1897
3Cited by4 opinions
- Tri-Angle Club, Inc. And Leo C. Prochello v. United StatesCourt of Appeals for the Eighth Circuit · 1959
- White v. United StatesCourt of Appeals for the Tenth Circuit · 1933
- United States v. RhodesDistrict Court, S.D. Alabama · 1913
- United States v. Di GenovaCourt of Appeals for the Third Circuit · 1943