Murphy v. United States
272 U.S. 630 (1926)

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U.S. Supreme Court

Murphy v. United States, 272 U.S. 630 (1926)

Murphy v. United States

No. 443

Argued November 24, 1926

Decided December 6, 1926

272 U.S. 630

Syllabus

It is declared by the National Prohibition Act, Tit. II, § 21, that any room, etc., where intoxicating liquor is manufactured, sold, or kept in violation of the statute is a common nuisance, and maintaining it is made a misdemeanor punishable by fine or imprisonment, or both. Section 22 authorizes suits in equity by the United States, in which such nuisances shall be abated, and in which the Court may enjoin occupancy of the place, for one year, or require a bond of the owner or occupant.

Held:

1. The purpose of the latter section is preventive; abatement of the nuisance, and the injunction are not an additional penalty.

2. Hence, acquittal in a prosecution under § 21 is not bar to proceedings under § 22. P. 272 U. S. 631.

Response to questions certified by the Circuit Court of Appeals, upon review of a decree abating a nuisance and closing the place in which it was maintained.

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