Abbate v. United States

5 Citing cases

  1. Peterson v. United States

    297 F. 1000 (9th Cir. 1924)

    ) has been denied in the decisions of this court. Abbate v. United States (C.C.A.) 270 F. 735; Koppitz v. United States (C.C.A.) 272 F. 96; Simpson v. United States (C.C.A.) 290 F. 963. Section 5 of the National Prohibition Act (chapter 134, Sec. 5, 42 Stat. 223 (Comp.

  2. Simpson v. United States

    290 F. 963 (9th Cir. 1923)   Cited 1 times

    The validity of the Alaska Bone Dry Act has been twice affirmed by this court, and the question is no longer an open one here. Abbate v. United States, 270 F. 735; Koppitz v. United Page 964.

  3. Koppitz v. United States

    272 F. 96 (9th Cir. 1921)   Cited 3 times

    Page 99. The contention of defendant that the complaint on its face is invalid, because it charged that the offense was committed on May 31, 1920, and that the Alaska Bone Dry Law was impliedly repealed by the Eighteenth Amendment and the National Prohibition Act (41 U.S. Stat. (1919) p. 305) is not well founded, for this court ruled to the contrary in Abbate v. United States, 270 F. 735. Because of the error of the court in holding the notice of appeal void, the judgment is reversed, and the cause is remanded, with directions to the District Court to entertain jurisdiction.

  4. United States v. Matanky

    346 F. Supp. 116 (C.D. Cal. 1972)   Cited 5 times

    50 Am.Jur. 566, Statutes § 564. The defendant also cites the opinion in Abbate v. United States, 270 F. 735, 736 (9th Cir. 1921), which does contain the above quoted statement. However, that case held only that the generally applicable provisions of the National Prohibition Act did not repeal the express provisions of the "Bone Dry" Law of Alaska that Congress had previously enacted and which, as applied to the case there concerned, imposed harsher penalties than did the later act.

  5. United States v. Ashworth

    7 Alaska 64 (D. Alaska 1923)

    Section 35, tit. 2; 41 Stat. 317 (27 USCA § 52). In the case of Abbate v. U.S., 270 F. 735, followed in Koppitz v. U.S. (C.C.A.) 272 F. 96, it was held by the Circuit Court of Appeals, Ninth Circuit, that the Bone Dry Law of Alaska was not repealed by the National Prohibition Act, and was to be regarded as "a special or local act" and given the effect of "establishing an exception to the general" or National Prohibition Act. (Italics ours.)