Callahan v. United States, 285 U.S. 515 (1932)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 285 U.S. 502, click here.

Callahan v. United States


No. 576


Argued March 14, 1932
Decided April 11, 1932
285 U.S. 515

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT

Syllabus

1. One who aids and abets importation of intoxicating liquor contrary to § 3 of Title II of the National Prohibition Act, which prohibits unlicensed importation, violates § 593(b) of the Tariff Act of 1922, which provides that, if any person knowingly assists in importing into the United States any merchandise contrary to law, he shall be punished as therein specified. P. 516.

2. Section 29 of Title II of the National Prohibition Act, which provides that "[a]ny person . . . who . . . violates any of the provisions of this chapter, for which offense a special penalty is not prescribed, shall be fined . . . " etc., is superseded as to forbidden importation of liquor (for which the Act does not otherwise prescribe a penalty) by § 593(b) of the Tariff Act, a later statute fixing a special penalty. P. 517.

53 F.2d 467 affirmed.

Certiorari, 284 U.S. 614, to review a judgment affirming a conviction and sentence for violation of the Tariff Act of 1922 by aiding and abetting importation of intoxicating liquor contrary to law. See United States v. Newton, 36 F.2d 425.