Legal Opinion
United States v. Rothberg
District Court, E.D. New York
Decided November 30, 1972No. 1:71-cr-00164PublishedCited by 18 opinions
1Opinion of the Court
BARTELS, District Judge.
Defendants Rothberg, Wilson, and Brittman have been indicted for transporting, concealing and selling marihuana, in violation of 21 U.S.C. § 176a. The term “marihuana” as used in that section, is defined in 26 U.S.C. § 4761 (Internal Revenue Code) as “ . all parts of the plant Cannabis sativa L. . .” Defendants contend that the Government must prove beyond a reasonable doubt that the specific subject matter of the indictment was Cannabis sativa L. and that, as a matter of law, this will be impossible because what the defendants imported into the United States came from…
2Cases cited6 opinions
- Leary v. United StatesSupreme Court of the United States · 1969
- Helvering v. City Bank Farmers Trust Co.Supreme Court of the United States · 1935
- United States v. John MooreCourt of Appeals for the Third Circuit · 1971
- Fisher Flouring Mills Company, a Corporation v. United StatesCourt of Appeals for the Ninth Circuit · 1959
- United States v. AdamsDistrict Court, S.D. New York · 1968
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- United States v. Geoffrey HonneusCourt of Appeals for the First Circuit · 1975
- United States v. Steve A. WaltonCourt of Appeals for the D.C. Circuit · 1975
- United States v. Mitchell RothbergCourt of Appeals for the Second Circuit · 1973
- State v. LuginbillSupreme Court of Kansas · 1977
- Williams v. StateCourt of Criminal Appeals of Texas · 1975
13 more not listed; retrieve them via the Exa API.