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· 4/22/1930

Concrete Industries Co. v. Commissioner

Citations

  • 19 B.T.A. 655
  • 1930 BTA LEXIS 2356

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that knowledge is an implicit element of unlawful possession of a firearm under RCW 9.41.040
  • concluding that a class 0 felony, with its maximum possible sentence of five years, is a harsh penalty under this factor
  • concluding that the “[m]ost compelling” reason to interpret mens rea into the statute was “the fact that entirely innocent conduct may fall within the net cast by the statute in question”
  • holding that knowledge is an element of RCW 9.41.040
  • stating that unwitting possession of firearms does not pose a risk to third parties
  • holding unlawful possession of a firearm is not a strict liability offense and the State must demonstrate the defendant was aware of the presence of the weapon, but not holding the defendant must know possession is a crime

Source: CourtListener parenthetical corpus (CC0).

Judges: Arundell

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.