United States v. Gaston

N.D. Ohio

United States v. Gaston

28 F. 848

DecidedJune 15, 1886

StatusPublished

This text of 28 F. 848 (United States v. Gaston) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Gaston, 28 F. 848 (N.D. Ohio 1886).

Pincite

Opinion

Welker, J.

This indictment contains, in separate counts, two distinct offenses, the penalty in each offense being different from, the other. As a retail liquor dealer lie must be imprisoned as a part of the penalty, and as a dealer in manufactured tobacco he may be imprisoned, and the minimum fine is different. These offenses are, besides, separate and distinct transactions, and not of the same class of crimes or offenses that may be joined under section 1024 of the Bevised Statutes.

The motion is therefore sustained.

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Welker, J.

This indictment contains, in separate counts, two distinct offenses, the penalty in each offense being different from, the other. As a retail liquor dealer lie must be imprisoned as a part of the penalty, and as a dealer in manufactured tobacco he may be imprisoned, and the minimum fine is different. These offenses are, besides, separate and distinct transactions, and not of the same class of crimes or offenses that may be joined under section 1024 of the Bevised Statutes.

The motion is therefore sustained.

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Bluebook (online)

28 F. 848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-gaston-ohnd-1886.