Oglesby Grocery Company v. United States/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 (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 3115 1/8 ff), as re-enacted by Act Oct. 22, 1919, tit. 1, § 2 (41 Stat. 298). 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, 255 U.S. 81, 41 Sup. Ct. 298, 65 L. Ed. --, this day decided.

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 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.