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Dunn v. United States, 284 U.S. 390 (1932)
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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.
Dunn v. United States, 284 U.S. 390 (1932)
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Dunn v. United States No. 393 Argued November 24, 1931 Decided January 11, 1932 284 U.S. 390
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
1. Where no question was raised in the courts below with respect to the sufficiency of an indictment, and no such question is presented here, its sufficiency will be assumed. P. 392.
2. Upon an indictment in three counts charging (1) maintenance of a common nuisance by keeping intoxicating liquor for sale at a specified place, (2) unlawful possession, and (3) unlawful sale, a defendant was found guilty on the first and was acquitted on the second and third. The evidence was the same on each count. It was contended that the evidence on the nuisance count was insufficient, and that the verdict was inconsistent.
Held:
(1) The evidence on the nuisance count was sufficient to warrant a verdict of guilty. P. 392.
(2) Consistency in the verdict was not required. P. 393.
(3) The verdict may not be upset by speculation or inquiry into whether it was the result of compromise or mistake on the part of the jury. P. 394.
3. Where offenses are separately charged in the counts of a single indictment, though the evidence is the same in support of each, an acquittal on one may not be pleaded as res judicata of the other. P. 393.
50 F.2d 779 affirmed
Certiorari, post, p. 607, to review a judgment of the Circuit Court of Appeals which affirmed a judgment of the District Court upon a verdict of guilty under the National Prohibition Act. See Borum v. U.S., post, p. 596.
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Chicago: U.S. Supreme Court, "Syllabus," Dunn v. United States, 284 U.S. 390 (1932) in 284 U.S. 390 284 U.S. 391. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=4X4BCBHL35MCJ7P.
MLA: U.S. Supreme Court. "Syllabus." Dunn v. United States, 284 U.S. 390 (1932), in 284 U.S. 390, page 284 U.S. 391. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=4X4BCBHL35MCJ7P.
Harvard: U.S. Supreme Court, 'Syllabus' in Dunn v. United States, 284 U.S. 390 (1932). cited in 1932, 284 U.S. 390, pp.284 U.S. 391. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=4X4BCBHL35MCJ7P.
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