McGinis v. California
247 U.S. 91 (1918)

Annotate this Case

U.S. Supreme Court

McGinis v. California, 247 U.S. 91 (1918)

McGinis v. California

No. 133

Argued April 26, 1918

Decided May 20, 1918

247 U.S. 91

Syllabus

Upon the question whether opium was in transit through California to Mexico, or was in possession of defendants in violation of the state law, evidence that the purpose of a customs officer in weighing it at the boundary with the assistance of one of the defendants was to make out papers necessary for the exportation, and that defendants had authority from the Treasury Department to export, was competent in a prosecution for unlawful possession, and its exclusion by the state court denied a federal right of the defendants arising under the commerce clause.

Reversed.

Page 247 U. S. 92

The case is stated in the opinion.

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