United States v. Balint, 258 U.S. 250 (1922)

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United States v. Balint


No. 480


Argued March 7, 1922
Decided March 27, 1922
258 U.S. 250

ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

1. Whether scienter is a necessary element of a statutory crime, though not expressed in the statute, is a question of legislative intent to be answered by a construction of the statute. P. 251.

2. Punishment for an illegal act done by one in ignorance of the facts making it illegal is not contrary to due process of law. P. 252.

3. To constitute the offense of selling drugs contrary to § 2 of the Anti-Narcotic Act, it is not necessary that the seller be aware of their character. P. 253.

Reversed.

Error to an order sustaining a demurrer to and quashing an indictment.