United States v. Five Gambling Devices, 346 U.S. 441 (1953)

United States v. Five Gambling Devices

Argued October 12, 1953
Decided December 7, 1953 *
346 U.S. 441

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF TENNESSEE

Syllabus

The Act of January 2, 1951, forbids the interstate shipment of gambling devices, requires every dealer in gambling devices to register his places of business "in such district" with the Attorney General and report to him all sales and deliveries of gambling devices "in the district," and provides for the seizure and forfeiture of gambling devices possessed in violation of the Act. Certain dealers in gambling devices were indicted for violations of the registration and reporting requirements of the Act, without any allegation that the devices they sold had moved or would move in interstate commerce, and a libel to forfeit certain gambling devices was filed, without alleging that they ever were transported in or in any way affected interstate commerce.

Held: Judgments dismissing the indictments and the libel are affirmed. Pp. 442-454.

Affirmed.

For opinion of MR. JUSTICE JACKSON, in which MR. JUSTICE FRANKFURTER and MR. JUSTICE MINTON join, see p. 442.

For opinion of MR. JUSTICE BLACK, with whom MR. JUSTICE DOUGLAS joins, see p. 452.

For dissenting opinion of MR. JUSTICE CLARK, with whom THE CHIEF JUSTICE, MR. JUSTICE REED, and MR. JUSTICE BURTON concur, see p. 454.