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United States v. Balint
United States Supreme Court
258 U.S. 250 (1922)
Balint (defendant) and others were charged with violating the Narcotic Act of 1914 by selling derivatives of opium and coca leaves without the proper documentation required by the law. The Act stated that “[I]t shall be unlawful for any person to sell, barter, exchange, or give away any of the aforesaid drugs except in pursuance of a written order of the person to whom such article is sold,…on a form [issued] for that purpose by the Commissioner of Internal Revenue…” Balint and the others filed a motion to demurrer to the indictment on the ground that it failed to charge that they had knowingly sold prohibited drugs. The district court sustained the demurrer and quashed the indictment. The U.S. Supreme Court granted certiorari to review the correctness of the district court’s decision.
Rule of Law
Holding and Reasoning (Taft, C.J.)
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