United States Supreme Court Cases & Opinions

U.S. Supreme Court

Callahan v. United States, 285 U.S. 515 (1932)

Callahan v. United States

No. 576

Argued March 14, 1932

Decided April 11, 1932

285 U.S. 515

Syllabus

1. One who aids and abets importation of intoxicating liquor contrary to § 3 of Title II of the National Prohibition Act, which prohibits unlicensed importation, violates § 593(b) of the Tariff

Page 285 U. S. 516

Act of 1922, which provides that, if any person knowingly assists in importing into the United States any merchandise contrary to law, he shall be punished as therein specified. P. 285 U. S. 516.

2. Section 29 of Title II of the National Prohibition Act, which provides that "[a]ny person . . . who . . . violates any of the provisions of this chapter, for which offense a special penalty is not prescribed, shall be fined . . . " etc., is superseded as to forbidden importation of liquor (for which the Act does not otherwise prescribe a penalty) by § 593(b) of the Tariff Act, a later statute fixing a special penalty. P. 285 U. S. 517.

53 F.2d 467 affirmed.

Certiorari, 284 U.S. 614, to review a judgment affirming a conviction and sentence for violation of the Tariff Act of 1922 by aiding and abetting importation of intoxicating liquor contrary to law. See United States v. Newton, 36 F.2d 425.