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Blockburger v. United States, 284 U.S. 299 (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.
Blockburger v. United States, 284 U.S. 299 (1932)
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Blockburger v. United States No. 374 Argued November 24, 1931 Decided January 4, 1932 284 U.S. 299
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SEVENTH CIRCUIT
Syllabus
1. Two sales of morphine not in or from the original stamped package, the second having been initiated after the first was complete, held separate and distinct offenses under § 1 of the Narcotics Act, although buyer and seller were the same in both cases and but little time elapsed between the end of the one transaction and the beginning of the other. P. 301.
2. Section 1 of the Narcotics Act, forbidding sale except in or from the original stamped package, and § 2, forbidding sale not in pursuance of a written order of the person to whom the drug is sold, create two distinct offenses, and both are committed by a single sale not in or from the original stamped package and without a written order. P. 303.
3. Where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not. P. 304.
4. The penal section of the Act, "any person who violates or fails to comply with any of the requirements of this act" shall be punished, etc., means that each offense is subject to the penalty prescribed. P. 305.
Certiorari, post, p. 607, to review a judgment affirming a sentence under the Narcotics Act.
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Chicago: U.S. Supreme Court, "Syllabus," Blockburger v. United States, 284 U.S. 299 (1932) in 284 U.S. 299 284 U.S. 300. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=AQNICLWT5PSMAMG.
MLA: U.S. Supreme Court. "Syllabus." Blockburger v. United States, 284 U.S. 299 (1932), in 284 U.S. 299, page 284 U.S. 300. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=AQNICLWT5PSMAMG.
Harvard: U.S. Supreme Court, 'Syllabus' in Blockburger v. United States, 284 U.S. 299 (1932). cited in 1932, 284 U.S. 299, pp.284 U.S. 300. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=AQNICLWT5PSMAMG.
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