United States v. Jackson
U.S. Circuit Court for the District of Eastern Virginia
The indictment was for violating section 3242 of the Revised Statutes, which declared (in 1875) that “every person who carries on the business of ... a retail liquor dealer . . . without having paid the special tax as required by law, shall, for every such offence, be fined not less than one thousand dollars, nor more than five thousand dollars, and be imprisoned not less than six months, nor more than two years.”
Read the full summary
The indictment was for violating section 3242 of the Revised Statutes, which declared (in 1875) that “every person who carries on the business of ... a retail liquor dealer . . . without having paid the special tax as required by law, shall, for every such offence, be fined not less than one thousand dollars, nor more than five thousand dollars, and be imprisoned not less than six months, nor more than two years.” Section 3244 declares that “every person who sells, or offers for sale, foreign or domestic spirits or wines, in less quantities than five wine gallons at the same time, shall be…
1Opinion of the Court
HUGHES, District Judge.
The court charges the jury that two acts were necessary to make up the offence under trial. First. Carrying on the business of retailing liquor in less quantities than five gallons, and, second, doing this without having paid the special tax required by law of retail liquor dealers. The statute, from the severity of the punishment imposed (this was before the amendment fixing a much lighter penalty), evidently did not intend to punish the of-fence of selling an occasional drink or bottle of liquor, an offence, the suppression of which it seemed to leave to the police or…
2Cited by6 opinions
- Ledbetter v. United StatesSupreme Court of the United States · 1898
- McNutt v. United StatesCourt of Appeals for the Eighth Circuit · 1920
- Bailey v. United StatesCourt of Appeals for the Sixth Circuit · 1919
- Cochran v. Town of PittsCourt of Appeals of Georgia · 1933
- In re LubyDistrict Court, S.D. Ohio · 1907
1 more not listed; retrieve them via the Exa API.