Peter Ambrosini v. United States
Decision Date | 20 October 1902 |
Docket Number | No. 14,14 |
Citation | 47 L.Ed. 49,187 U.S. 1,23 S.Ct. 1 |
Parties | PETER AMBROSINI, Plff. in Err. , v. UNITED STATES |
Court | U.S. Supreme Court |
This was a writ of error brought to reverse a judgment of the district court imposing a fine on a finding of guilty of an offense under § 7 of the act of Congress entitled 'An Act to Provide Ways and Means to Meet War Expenditures, and for Other Purposes' (30 Stat. at L. 448, chap. 448),1 otherwise known as the war revenue act of 1898. The indictment contained two counts. The first charged that defendant on August 30, 1898, executed a certain bond in the penal sum of $3,000 to the people of the state of Illinois without affixing to the bond a 50-cent revenue stamp, alleged to be required by said act of Congress. The second count charged that defendant on August 30, 1898, executed a certain bond to the city of Chicago in the penal sum of $500 without affixing thereto a 50-cent revenue stamp, alleged to be required by the act. The bonds were set forth in extenso. A motion to quash the indictment was made and overruled, and, a jury being waived, the cause was submitted to the court for trial, defendant found guilty, and sentenced to pay a fine. The opinion is reported, 105 Fed. 239.
Sections 6, 7, and 17 of the act are as follows:
Schedule A contained this provision: 'Bond: For indemnifying any person or persons, firm, or corporation who shall have become bound or engaged as surety for the payment of any sum of money, or for the due execution or performance of the duties of any office or position, and to account for money received by virtue thereof, and all other bonds of any description, except such as may be required in legal proceedings, not otherwise provided for in this schedule, 50 cents.'
The bonds, to which it was alleged the stamps should have been affixed, were bonds required by the laws of Illinois to be given as a condition of the issue of licenses to keep dramshops or sell intoxicating liquors in the state of Illinois and in the city of Chicago.
Sections 1, 2, and 5 of an act of the general assembly of the state of Illinois, entitled 'An Act to Provide for the Licensing of and against the Evils Arising from the Sale of Intoxicating Liquors,' read:
2 Starr & C. Anno. Stat. (Ill.) 2d ed. 1586, chap. 43.
By article 5, chapter 24, of the statutes of Illinois...
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