Legal Opinion

Goldberg v. United States

Court of Appeals for the Fifth Circuit

Decided April 3, 1922No. 3591PublishedCited by 5 opinions

In Error to the District Court of the United States for the Southern District of Georgia; Beverly D. Evans, Judge. Harry Goldberg and another were convicted of carrying on the business of a retail liquor dealer without having paid the special tax, and of unlawful sale of distilled spirits for beverage purposes, contrary to the War-Time Prohibition Act, and they bring error.

1Opinion of the Court

BRYAN, Circuit Judge.

The defendants, Harry Goldberg and Israel Goldberg, were convicted upon a joint indictment, charging that on July 29, 1919, they were carrying on the business of a retail liquor dealer without having paid the special tax required by Revised Statutes, § 3244 (Comp. St. §§ 5971, 6176, 6187). Each defendant was also convicted -upon a separate indictment charging an unlawful sale, on July 31, 1919, of distilled spirits for beverage purposes. The joint indictment is based upon Revised Statutes, § 3242 (section 5965), and the separate indictments upon the provision of the War…

2Cases cited5 opinions

  1. Frank v. MangumSupreme Court of the United States · 1915
  2. McElroy v. United StatesSupreme Court of the United States · 1896
  3. United States v. StaffordDistrict Court, E.D. Arkansas · 1883
  4. United States v. MorfewDistrict Court, E.D. Arkansas · 1905
  5. United States v. WhiteDistrict Court, W.D. Michigan · 1890

3Cited by5 opinions

  1. Davis v. United StatesCourt of Appeals for the Fifth Circuit · 1945
  2. Dowling v. United StatesCourt of Appeals for the Fifth Circuit · 1931
  3. Zedd v. United StatesCourt of Appeals for the Fourth Circuit · 1926
  4. United States v. InfusinoCourt of Appeals for the Seventh Circuit · 1942
  5. Whole Woman's Health v. Ken PaxtonCourt of Appeals for the Fifth Circuit · 2021

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