United States v. Halseth, No. 91
| Court | United States Supreme Court |
| Writing for the Court | MINTON |
| Citation | 342 U.S. 277,96 L.Ed. 308,72 S.Ct. 275 |
| Parties | UNITED STATES v. HALSETH |
| Docket Number | No. 91 |
| Decision Date | 07 January 1952 |
v.
HALSETH.
Mr. John R. Benney, Washington, D.C., for the United States.
Mr. Horace J. Donnelly, Jr., Washington, D.C., for appellee.
Mr. Justice MINTON delivered the opinion of the Court.
Appellee was indicted on eight counts in the District Court for the Eastern District of Wisconsin for violation of § 213 of the Criminal Code of 1909, 35 Stat. 1129—1130, 18 U.S.C. § 336.* The District Court granted appellee's motion to dismiss the indictment, and the United States
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appealed directly to this Court, pursuant to 18 U.S.C. (Supp. IV) § 3731, 18 U.S.C.A. § 3731. The pertinent provisions of the statute upon which the indictment was based were as follows: 'No letter, package, postal card, or circular concerning any lottery * * * or similar scheme offering prizes dependent in whole or in part upon lot or chance * * * shall be deposited in or carried by the mails * * *. Whoever shall knowingly deposit * * * anything to be * * * delivered by mail in violation of * * * this section * * * shall be fined * * * or imprisoned * * *.'
The first count of the indictment charged that: 'Perry Halseth, knowingly, wilfully and unlawfully did cause to be delivered by mail to Miss Lucia Brown a circular letter concerning a lottery or scheme offering a prize dependent upon lot or chance * * *.'
The other counts were identical except as to the name of the addressee and the point of delivery.
For the purpose of the motion to dismiss, the parties stipulated as to particularity that a letter, a circular, an order blank, and a punchboard were sent to the addressee by mail. The letter subtly indicated how the addressee might obtain a radio free by selling the chances on the punchboard and how certain lucky numbers would reward the purchaser with prizes of a radio and three Rolpoint ball pens.1 The punchboard contained an illustration of merchandise to be won. No merchandise was sent with the mailing. If the addressee desired to put the scheme into operation, the merchandise could be obtained by sending the full amount in cash, or by a down payment of
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$2.00 with the order and the balance payable on delivery, or by a C.O.D. shipment. The punchboard also informed the addressee that merchandise could be 'purchased' from appellee at any time.
The District Court held that even if these stipulated facts had been alleged in the indictment and accepted as true for the purpose of the motion to dismiss, still the indictment did not state an offense because the mailing did not concern an existing lottery or scheme to obtain prizes by lot or chance. The question therefore is whether the mailing of gambling paraphernalia that may be used to set up a lottery or similar scheme is a violation of the statute.
The statute on which the indictment is based was passed in 1909, and since that time no reported case has been found construing it. However, in cases construing...
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American Broadcasting Co. v. United States
...construed, even though it may be remedial in its nature and its purposes are to protect the general public. United States v. Halseth, 342 U.S. 277, 72 S.Ct. 275, 96 L.Ed. 308; United States v. McGuire, 2 Cir., 1933, 64 F.2d 485. Rules of the Commission which are based on a criminal statute ......
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United States v. Sisson, 305
...a criminal case' can be relied on by the District Court without affecting the jurisdiction for an appeal, citing United States v. Halseth, 342 U.S. 277, 72 S.Ct. 275, 96 L.Ed. 308 (1952), and United States v. Fruehauf, 365 U.S. Page 285 146, 81 S.Ct. 547, 5 L.Ed.2d 476 (1961). The Governmen......
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United States v. Jenkins, 79
...still pending. Indeed, these six findings were undisputed. In any event, as the Sisson Court noted in discussing United States v. Halseth, 342 U.S. 277, 72 S.Ct. 275, 96 L.Ed. 308 (1952), even where the parties go so far as to stipulate facts not contained in the indictment for purposes of ......
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U.S. v. Liddy, 73--1564
...88 (Pa.Sup.Ct.1781); United States v. Baltimore & O.S.W.R. Co., 222 U.S. 8, 13, 32 S.Ct. 6, 56 L.Ed. 68 (1911); United States v. Halseth, 342 U.S. 277, 280, 72 S.Ct. 275, 96 L.Ed. 308 (1952). The majority also assert that their conclusion is supported by the fact that the statute is designe......
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American Broadcasting Co. v. United States
...construed, even though it may be remedial in its nature and its purposes are to protect the general public. United States v. Halseth, 342 U.S. 277, 72 S.Ct. 275, 96 L.Ed. 308; United States v. McGuire, 2 Cir., 1933, 64 F.2d 485. Rules of the Commission which are based on a criminal statute ......
-
United States v. Sisson, 305
...a criminal case' can be relied on by the District Court without affecting the jurisdiction for an appeal, citing United States v. Halseth, 342 U.S. 277, 72 S.Ct. 275, 96 L.Ed. 308 (1952), and United States v. Fruehauf, 365 U.S. Page 285 146, 81 S.Ct. 547, 5 L.Ed.2d 476 (1961). The Governmen......
-
United States v. Jenkins, 79
...still pending. Indeed, these six findings were undisputed. In any event, as the Sisson Court noted in discussing United States v. Halseth, 342 U.S. 277, 72 S.Ct. 275, 96 L.Ed. 308 (1952), even where the parties go so far as to stipulate facts not contained in the indictment for purposes of ......
-
U.S. v. Liddy, 73--1564
...88 (Pa.Sup.Ct.1781); United States v. Baltimore & O.S.W.R. Co., 222 U.S. 8, 13, 32 S.Ct. 6, 56 L.Ed. 68 (1911); United States v. Halseth, 342 U.S. 277, 280, 72 S.Ct. 275, 96 L.Ed. 308 (1952). The majority also assert that their conclusion is supported by the fact that the statute is designe......