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McGinis v. California, 247 U.S. 95 (1918)
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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.
McGinis v. California, 247 U.S. 95 (1918)
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McGinis v. California No. 134 Argued April 26, 1918 Decided May 20, 1918 247 U.S. 95
ERROR TO THE SUPERIOR COURT OF IMPERIAL COUNTY,
STATE OF CALIFORNIA
Syllabus
In a prosecution for having cocaine in possession in violation of a state law, it is a defense that the drug was in transit through the state to an adjacent foreign country, and defendants are entitled to prove such fact in the state court and therein to explain their relations to the shipment at the international boundary where they are charged with having taken the unlawful possession. McGinis v. California, ante,91.
Error in excluding such evidence held, in the circumstances of this case, not to have been made harmless by proof that more of the drug was added at the international boundary, where the whole prosecution was based upon the original shipment and such proof involved only one of the defendants, and cross-examination upon it was not allowed, and the source of the added drug was not shown.
Reversed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," McGinis v. California, 247 U.S. 95 (1918) in 247 U.S. 95 247 U.S. 96. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=BYU8RV9E3DI9BN4.
MLA: U.S. Supreme Court. "Syllabus." McGinis v. California, 247 U.S. 95 (1918), in 247 U.S. 95, page 247 U.S. 96. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=BYU8RV9E3DI9BN4.
Harvard: U.S. Supreme Court, 'Syllabus' in McGinis v. California, 247 U.S. 95 (1918). cited in 1918, 247 U.S. 95, pp.247 U.S. 96. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=BYU8RV9E3DI9BN4.
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