Bozza v. United States (330 U.S. 160)
U.S. Supreme Court · decided February 17, 1947 · Supreme Court Database (Spaeth)
- Citation
- 330 U.S. 160 · 67 S. Ct. 645
- Docket
- No. 190
- Argued
- January 7, 1947
- Decided
- February 17, 1947
- Term
- October Term 1946
- Vote
- 9–0
- Majority author
- Justice Black
- Issue area
- Criminal Procedure
- Disposition
- Affirmed and reversed (or vacated) in part
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Chief Justice Vinson, Justice Burton, Justice R. H. Jackson, Justice Douglas, Justice Frankfurter, Justice Reed, Justice Black (wrote), Justice Rutledge, Justice Murphy
Opinion excerpt
Mr. Justice Black delivered the opinion of the Court. The petitioner and one Chirichillo were convicted in a Federal District Court on all counts of a five-count indictment against them which charged violation of the Internal Revenue laws in connection with the operation of a still. The Court of Appeals reversed petitioner’s conviction on counts four and five because of insufficient evidence, but affirmed as to counts one, two, and three. 155 F. 2d 592. We granted certiorari. 329 U. S. 698. Count one charged that the defendants had carried on “the business of distiller . . . with intent wilfully to defraud the . . . United States of the tax on . . . spirits so distilled . . . .” in violation of 26 U. S. C. § 2833 (a). Count two charged them with having had possession and custody of the still in violation of 26 U. S. C. § 2810 (a). Count three charged that they had made and fermented mash for the production of alcohol in violation of 26 U. S. C. § 2834. It is argued that the evidence was insufficient to support any of the three counts here at issue. The Government concedes its insufficiency as to counts two and three. There was testimony to show the following: Chirichillo rented a farmhouse under an assumed name and installed a 300-gallon still with all equipment necessary to ferment mash and distill alcohol. The still was operated day and night. Chirichillo himself mixed the…
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