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Blockburger v. U.S., 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306

Facts

Harry Blockburger was indicted on five counts for selling morphine hydrochloride in violation of the Harrison Anti-Narcotic Act. The jury found him guilty on three counts, which involved sales made to the same purchaser on consecutive days without the required original stamped packaging and written order. Blockburger was sentenced to five years' imprisonment and a fine for each count, with the sentences to run consecutively.

The petitioner was charged with violating provisions of the Harrison Narcotic Act, c. 1, § 1, 38 Stat. 785, as amended by c. 18, § 1006, 40 Stat. 1057, 1131 ( U. S. C. Title 26, § 692 [26 USCA § 692]); 1 and c. 1, § 2, 38 Stat. 785, 786 (U. S. C., Title 26, § 696 [26 USCA § 696]). The indictment contained five counts. The jury returned a verdict against petitioner upon the second, third, and fifth counts only. Each of these counts charged a sale of morphine hydrochloride to the same purchaser.

Issue

Did the two sales charged in the second and third counts constitute a single offense, and did the sale charged in the third count and the fifth count constitute but one offense for which only a single penalty could be imposed?

The principal contentions here made by petitioner are as follows: (1) That, upon the facts, the two sales charged in the second and third counts as having been made to the same person constitute a single offense; and (2) 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.

Rule

The applicable rule is that where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to determine whether there are two offenses or only one is whether each provision requires proof of a fact which the other does not.

The applicable rule is that, where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not.

Analysis

The court analyzed the nature of the sales and determined that each sale was a distinct offense, as they were completed transactions initiated by separate impulses. The court referenced previous cases to illustrate that the Narcotic Act penalizes each sale made in violation of its requirements, regardless of the proximity of the transactions. The court concluded that the two counts represented separate offenses because each count required proof of different elements.

The Narcotic Act does not create the offense of engaging in the business of selling the forbidden drugs, but penalizes any sale made in the absence of either of the qualifying requirements set forth. Each of several successive sales constitutes a distinct offense, however closely they may follow each other.

Conclusion

The court affirmed the judgment of conviction, holding that Blockburger committed separate offenses for each sale of morphine hydrochloride.

Judgment affirmed.

Who won?

The United States prevailed in the case, as the court upheld the conviction and affirmed the judgment, reasoning that each sale constituted a distinct offense under the Narcotic Act.

The United States prevailed in the case, as the court upheld the conviction and affirmed the judgment.

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