United States v. White
District Court, D. Hawaii
Indictment: Motion in arrest of judgment.
1Opinion of the CourtClemons, J.
The defendants’ motion in arrest of judgment has been lately enforced by the decision of the Supreme Court, of June 5, in the case of U. S. v. Jin Fuey Moy, 241 U. S. 394, holding not only that it is not every possession of narcotic drugs (with certain exceptions) that is a penal offense under the Harrison act, 38 Stat. 785, but also apparently weakening the presumption created by sec-, tion 8 of that act as arising from possession. Thus Mr. Justice Holmes says:
■ “Only words from which there is no escape could warrant the conclusion that Congress meant to strain its powers almost if not quite…
2Cases cited5 opinions
- United States v. Jin Fuey MoySupreme Court of the United States · 1916
- Wilson v. United StatesCourt of Appeals for the Second Circuit · 1916
- Overall v. BezeauMichigan Supreme Court · 1877
- Goodwin v. ClarkSupreme Judicial Court of Maine · 1876
- State v. MartinSupreme Court of Missouri · 1838