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Abbate v. United States, 359 U.S. 187 (1959)
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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.
Abbate v. United States, 359 U.S. 187 (1959)
Abbate v. United States No. 7 Argued October 22, 1958 Decided March 30, 1959 359 U.S. 187
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
Indicted in an Illinois State Court for violating an Illinois statute making it a crime to conspire to injure or destroy the property of another, petitioners pleaded guilty, and each was sentenced to three months’ imprisonment. Thereafter, because of the same conspiracy, they were indicted, tried and convicted in a Federal District Court for violating 18 U.S. C. § 371 by conspiring to violate 18 U.S. C. § 1362, which forbids the injury or destruction of communications facilities "operated or controlled by the United States."
Held: their federal prosecution was not barred under the Double Jeopardy Clause of the Fifth Amendment by their earlier conviction in the State Court. United States v. Lanza, 260 U.S. 377. Pp. 187-196.
247 F.2d 410 affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Abbate v. United States, 359 U.S. 187 (1959) in 359 U.S. 187 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=Q2GE77ZI6CNGCE7.
MLA: U.S. Supreme Court. "Syllabus." Abbate v. United States, 359 U.S. 187 (1959), in 359 U.S. 187, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=Q2GE77ZI6CNGCE7.
Harvard: U.S. Supreme Court, 'Syllabus' in Abbate v. United States, 359 U.S. 187 (1959). cited in 1959, 359 U.S. 187. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=Q2GE77ZI6CNGCE7.
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