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''Blockburger v. United States'', 284 U.S. 299 (1932), was a case in which the Supreme Court of the United States set an important standard to prevent double jeopardy. ==Facts and procedural history== The defendant was charged with violations of the Harrison Narcotics Act; specifically, he was indicted on five separate counts, all involving the sale of morphine to the same purchaser. The jury returned a verdict against petitioner upon the second, third, and fifth counts only. The second count charged a sale on a specified day of ten grains of the drug not in or from the original stamped package; the third count charged a sale on the following day of eight grains of the drug not in or from the original stamped package; the fifth count charged the latter sale also as having been made not in pursuance of a written order of the purchaser as required by the statute. The district court sentenced petitioner to five years' imprisonment and a fine of $2,000 upon each count, the terms of imprisonment to run consecutively; and this judgment was affirmed on appeal by the Seventh Circuit Court of Appeals. The defendant advanced two legal theories as his defense: #That the two sales charged in the second and third counts as having been made to the same person constitute a single, continuous offense. #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. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Blockburger v. United States」の詳細全文を読む スポンサード リンク
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