United States v. Kesterson/Opinion of the Court

886811United States v. Kesterson — Opinion of the CourtOwen J. Roberts

United States Supreme Court

296 U.S. 299

United States  v.  Kesterson


This case, like U.S. v. Constantine, 296 U.S. 287, 56 S.Ct. 223, 80 L.Ed. 233, No. 40, involves the validity of section 701 of the Revenue Act of 1926 (26 USCA §§ 192, 206). The Circuit Court of Appeals reversed judgments of conviction under an indictment charging engaging in the business of a retail liquor dealer contrary to the laws of Oklahoma on August 17, 1934. U.S. v. Kesterson (D.C.) 8 F.Supp. 680; Kesterson v. U.S. (C.C.A.) 76 F.(2d) 913.

For the reasons given in the opinion in No. 40 the judgment is affirmed.

Mr. Justice BRANDEIS, Mr. Justice STONE, and Mr. Justice CARDOZO, dissent for the reasons stated in Mr. Justice CARDOZO'S opinion in U.S. v. Constantine, 296 U.S. 287, 56 S.Ct. 223, 80 L.Ed. 233, No. 40.

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This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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