Oglesby Grocery Co. v. United States, 255 U.S. 108 (1921)

U.S. Supreme Court

Oglesby Grocery Co. v. United States, 255 U.S. 108 (1921) Oglesby Grocery Company v. United States

No. 457

Argued October 19, 20, 1920

Decided February 28, 1921

255 U.S. 108

ERROR TO THE DISTRICT COURT OF THE UNITED STATES

FOR THE NORTHERN DISTRICT OF GEORGIA

Syllabus

Decided upon the authority of United States v. Cohen Grocery Co., ante, 255 U. S. 81.

264 F. 691 reversed.

Writ of error to a conviction and sentence under § 4 of the Food Control Act, for selling sugar for excessive prices.

MR. CHIEF JUSTICE WHITE delivered the opinion of the Court.

The plaintiff in error is here to reverse a verdict and sentence against it on an indictment containing four counts charging it with four separate violations of the fourth section of the Lever Act. At the close of all the testimony, it requested the court to charge the jury that the provisions of that section relied upon were repugnant to the Constitution of the United States on the grounds, among others, which were held to be sound in the Cohen Grocery Co. case, ante, 255 U. S. 81.

It is therefore unnecessary for us to do more than to apply to this case the rulings made in the Cohen case, and, in consequence of doing so, to reverse the judgment

Page 255 U. S. 109

with directions to set aside the sentence and quash the indictment, and

It is so ordered.

MR. JUSTICE PITNEY and MR. JUSTICE BRANDEIS concur in the result.

MR. JUSTICE DAY took no part in the consideration or decision of this case.