Donnelley v. United States, 276 U.S. 505 (1928)

Name: Donnelley v. United States, 276 U.S. 505 (1928) - Syllabus
Author: U.S. Supreme Court

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Donnelley v. United States

No. 110

Argued November 22, 1927
Reargued January 19, 1928
Decided April 9, 1928
276 U.S. 505

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

1. After certification of a question by the circuit court of appeals, the entire record was ordered up. Plaintiff in error filed no statement of points or specification of errors to be relied on, nor any brief other than one filed after the certification, dealing with the question certified. Held that review would be confined to that question. Rule 25, Par. 2(e), Par. 4; Rule 11, Par. 9. P. 511.

2. The general clause of § 29, Title II of the Prohibition Act providing that any person who

violates any of the provisions of this Title for which offense a special penalty is not prescribed shall be fined for the first offense not more than $50,

etc., applies to a prohibition director who, having knowledge that a person has possessed and transported intoxicating liquor contrary to the Act, violates his duty under § 2 by intentionally failing to report the case to the United States Attorney. P. 511.

3. The rule that penal statutes are to be strictly construed in favor of persons accused is not violated by allowing the language to have its full meaning where that construction is in harmony with the context and supports the policy and purposes of the enactment. P. 512.

4. Public officers are not attended by any special presumption that general language in disciplinary measures does not extend to them. P. 516.

District court affirmed.

Review of a judgment of the District Court for the District of Nevada sentencing Donnelley, a prohibition director, for willful failure to report a violation of the Prohibition Act. The case came here first on a question certified by the circuit court of appeals. The whole record was then ordered up.

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Chicago: U.S. Supreme Court, "Syllabus," Donnelley v. United States, 276 U.S. 505 (1928) in 276 U.S. 505 276 U.S. 506–276 U.S. 510. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=HFRSZEHLLN5K5T1.

MLA: U.S. Supreme Court. "Syllabus." Donnelley v. United States, 276 U.S. 505 (1928), in 276 U.S. 505, pp. 276 U.S. 506–276 U.S. 510. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=HFRSZEHLLN5K5T1.

Harvard: U.S. Supreme Court, 'Syllabus' in Donnelley v. United States, 276 U.S. 505 (1928). cited in 1928, 276 U.S. 505, pp.276 U.S. 506–276 U.S. 510. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=HFRSZEHLLN5K5T1.

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