United States v. Sandefuhr

Citations

• 145 F. 49
• 1906 U.S. Dist. LEXIS 195

Syllabus

<p>1. Internal Revenue — Shipment oe Liquor — Marking and Branding.</p> <p>Section 3449. Rev. St. TU. S. Coi»p. St. 3901, p. 2277], applies solely to shipments of liquors under other than the proper name or brand known to the trade, as designating the kind and quality of the liquor, and not to a shipment concealing the name or brands required by the regulations of the Internal Department to be put upon all vessels containing liquors.</p> <p>2. Indictment — Demurrer.</p> <p>The mere fact that the district attorney makes an indictment as drawn under a certain act of Congress is not sufficient to sustain a demurrer to the indictment, if there is any other statute in force making the acts charged in the indictment an offense.</p> <p>[Ed. Note. — For eases in point, see vol. 27, Cent. Dig. Indictment and Information, §§ 284, 489.]</p> <p>3. Criminal Law — Creation of Offense.</p> <p>While Congress may make the violation of a regulation of a head of a department made by its authority, a penal offense, it must be done by a specific act, as penal statutes cannot be made to rest upon presumjrtions.</p> <p>{Syllabus by the Court.)</p>