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Criminal Procedure Keyed to Dressler
Blockburger v. United States
Citation:
284 U.S. 299, 304, 52 S.Ct. 180, 182, 76 K.Ed.306.Facts
The defendant was charged with violating a narcotics act. The indictment contained five counts. The jury found him guilty of the second, third and fifth counts only. Each of these counts charged a sale of morphine hydrochloride to the same purchaser. The second count charged a sale on a specified day of ten grains of the drug not in or from the original stamped package, the third count charged a sale on the following day of eight grains of the drug not in or from the original stamped package, and the fifth count charged the latter sale also as having been made not in pursuance of a written order of the purchaser as required by the statute. The court sentenced the defendant to five years imprisonment and a fine of $2,000 upon each count, with the terms of imprisonment to run consecutively.
The defendant appealed, arguing that (1) the two sales, having been made to the same purchaser and following each other, constitute a single continuing offense and (2) that the sale charged in the third count as having been made not from the original stamped package, and the same sale charged in the fifth count as having been made not in pursuance of a written order of the purchaser, constitute only one offense.
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