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Murphy v. United States, 272 U.S. 630 (1926)
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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.
Murphy v. United States, 272 U.S. 630 (1926)
Murphy v. United States No. 443 Argued November 24, 1926 Decided December 6, 1926 272 U.S. 630
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
It is declared by the National Prohibition Act, Tit. II, § 21, that any room, etc., where intoxicating liquor is manufactured, sold, or kept in violation of the statute is a common nuisance, and maintaining it is made a misdemeanor punishable by fine or imprisonment, or both. Section 22 authorizes suits in equity by the United States, in which such nuisances shall be abated, and in which the Court may enjoin occupancy of the place, for one year, or require a bond of the owner or occupant.
Held:
1. The purpose of the latter section is preventive; abatement of the nuisance, and the injunction are not an additional penalty.
2. Hence, acquittal in a prosecution under § 21 is not bar to proceedings under § 22. P. 631.
Response to questions certified by the Circuit Court of Appeals, upon review of a decree abating a nuisance and closing the place in which it was maintained.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Murphy v. United States, 272 U.S. 630 (1926) in 272 U.S. 630 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=CB98BJ6TJYFGLRX.
MLA: U.S. Supreme Court. "Syllabus." Murphy v. United States, 272 U.S. 630 (1926), in 272 U.S. 630, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=CB98BJ6TJYFGLRX.
Harvard: U.S. Supreme Court, 'Syllabus' in Murphy v. United States, 272 U.S. 630 (1926). cited in 1926, 272 U.S. 630. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=CB98BJ6TJYFGLRX.
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