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United States v. Fabrizio, 385 U.S. 263 (1966)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Fabrizio, 385 U.S. 263 (1966)
United States v. Fabrizio No. 47 Argued November 7, 1966 Decided December 12, 1966 385 U.S. 263
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NEW YORK
Syllabus
Appellee was indicted for violating 18 U.S.C. § 1953 by knowingly carrying from New Hampshire to New York 75 "acknowledgments of purchase" for "use" in the New Hampshire State Sweepstakes. A purchase acknowledgment, a receipt for the buyer’s retention, is practically a carbon copy of the sweepstakes ticket, which is retained in the machine at the time of purchase. Section 1953 proscribes the carriage in interstate commerce (except by a common carrier) of any record, paper, or writing designed for use in a wagering pool with respect to a sporting event. The statute exempts parimutuel betting equipment, the transportation of betting materials for bets or sporting events into a State where such betting is legal, or the transportation of newspapers. Appellee moved to dismiss the indictment, contending that § 1953 was intended to reach only organized crime or illegal gambling activities, neither of which was alleged; that the New Hampshire state lottery was not an "illegal" wagering pool; and that purchase acknowledgments were valueless, and not for "use" in the state sweepstakes, since their retention was not necessary to collect winnings. From the District Court’s dismissal of the indictment as charging acts not within the purview of §1953, a direct appeal was taken to this Court.
Held: The indictment states an offense under 18 U.S.C. § 1953. Pp. 266-271.
(a) Congress manifested the broad purpose of thwarting the interstate movement of gambling paraphernalia by all persons except common carriers. Pp. 266-267.
(b) The exemptions, which are consistent with the broad reach of the statute, would have included state-run wagering pools had Congress so intended. Pp. 268-269.
(c) By receipting the purchase and assuring the ticket owner of proper registration, the acknowledgment serves a purpose and constitutes "use" in the sweepstakes within the meaning of §1953, at least here where the Government contends that it will prove that the acknowledgments specified in the indictment were being delivered by petitioner to out-of-state persons who had bought tickets through him. Pp. 269-271.
Reversed.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Fabrizio, 385 U.S. 263 (1966) in 385 U.S. 263 385 U.S. 264. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=3S81NPEH4XCJDVH.
MLA: U.S. Supreme Court. "Syllabus." United States v. Fabrizio, 385 U.S. 263 (1966), in 385 U.S. 263, page 385 U.S. 264. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=3S81NPEH4XCJDVH.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Fabrizio, 385 U.S. 263 (1966). cited in 1966, 385 U.S. 263, pp.385 U.S. 264. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=3S81NPEH4XCJDVH.
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