Blockburger v. United States
United States Supreme Court
284 U.S. 299 (1932)
- Written by Sarah Venti, JD
Facts
Blockburger (defendant) was indicted under the Harrison Narcotic Act on five counts for selling prescription drugs. The jury convicted him on the second, third and fifth counts. The second count charged Blockburger with selling morphine on a specified day. The third count charged Blockburger with selling morphine, not in or from the original stamped package, to the same purchaser on the following day. The fifth count charged Blockburger with having made this second sale to the same purchaser not in pursuance of a written order by the purchaser. Blockburger argued that the second and third counts constitute the same crime because the sales were made to the same person only a day apart. He also argued that the third and fifth counts constitute the same offense because the prohibition against selling narcotics not in its original packaging, and against selling to a purchaser not in pursuance of a written order by the purchaser, are found in the same statute. The court of appeals affirmed Blockburger’s conviction.
Rule of Law
Issue
Holding and Reasoning (Sutherland, J.)
What to do next…
Here's why 811,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
