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Toussie v. United States, 397 U.S. 112 (1970)
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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.
Toussie v. United States, 397 U.S. 112 (1970)
Toussie v. United States No. 441 Argued January 14, 1970 Decided March 2, 1970 397 U.S. 112
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
Petitioner, who was required to register for the draft between June 23 (his 18th birthday) and June 28, 1959, in accordance with a presidential proclamation issued pursuant to § 3 of the Universal Military Training and Service Act, did not register at. any time. Section 3 make it
the duty of every male citizen . . . who, on the day or days fixed for the first or any subsequent registration, is between the ages of eighteen and twenty-six, to present himself for and submit to registration
at the time and place and in such manner "as shall be determined by proclamation of the President and by rules and regulations prescribed thereunder." Petitioner was indicted in May, 1967, for failing to register, and was convicted. The District Court held that the Act imposes a continuing duty to register which lasts until age 26, and thus the prosecution was not barred by the five-year statute of limitations in 18 U.S.C. § 3282. The Court of Appeals affirmed.
Held: The offense is not a continuing one, but was committed by petitioner’s failure to register in 1959, when the statute of limitations began to run. P. 114-124.
410 F.2d 1156, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Toussie v. United States, 397 U.S. 112 (1970) in 397 U.S. 112 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=CXMMEGJB792XH2B.
MLA: U.S. Supreme Court. "Syllabus." Toussie v. United States, 397 U.S. 112 (1970), in 397 U.S. 112, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=CXMMEGJB792XH2B.
Harvard: U.S. Supreme Court, 'Syllabus' in Toussie v. United States, 397 U.S. 112 (1970). cited in 1970, 397 U.S. 112. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=CXMMEGJB792XH2B.
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