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Criminal Procedure Keyed to Ohlin
Blockburger v. United States
Citation:
284 U.S. 299 (1932)Facts
The petitioner was charged with violating provisions of the Harrison Narcotic Act. The indictment contained five counts. the jury returned a verdict against petitioner upon the second, third, and fifth counts only. Each of these counts charged a sale of morphine hydrochloride to the same purchaser. The court sentenced petitioner to five years’ imprisonment and a fine of $2,000 upon each count, the terms of imprisonment to run consecutively. Petitioner contends that the two sales charged in the second and third counts as having been made to the same person constitute a single offense, and 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 but one offense, for which only a single penalty lawfully may be imposed.
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