Samuels v. McCurdy, 267 U.S. 188 (1925), was a United States Supreme Court case regarding the application of ex post facto in the case where an object was legally purchased and possessed, but was then later banned by statute.
In 1917, Georgia's prohibition law became effective prior to federal prohibition with the Eighteenth Amendment. Sig Samuels legally purchased alcohol for personal use prior to the ban which the DeKalb County Sheriff seized with a valid search warrant after the law became effective.[1] Samuels sued for a return of his property for violating his due process. He also claimed the law was being applied in an ex post facto fashion because consumption per se was not forbidden by Georgia's law.
Opinion of the Courtedit
The court found that ex post facto does not apply, because possession is an ongoing condition.
This law is not an ex post facto law. It does not provide a punishment for a past offense. It does not fix a penalty for the owner for having become possessed of the liquor. The penalty it imposes is for continuing to possess the liquor after the enactment of the law.
Text of Samuels v. McCurdy, 267U.S. 188 (1925) is available from:CornellJustiaLibrary of Congress
December 15, 2023
samuels, mccurdy, this, article, relies, excessively, references, primary, sources, please, improve, this, article, adding, secondary, tertiary, sources, find, sources, news, newspapers, books, scholar, jstor, december, 2019, learn, when, remove, this, templat. This article relies excessively on references to primary sources Please improve this article by adding secondary or tertiary sources Find sources Samuels v McCurdy news newspapers books scholar JSTOR December 2019 Learn how and when to remove this template message Samuels v McCurdy 267 U S 188 1925 was a United States Supreme Court case regarding the application of ex post facto in the case where an object was legally purchased and possessed but was then later banned by statute Samuels v McCurdySupreme Court of the United StatesArgued January 22 1925Decided March 2 1925Full case nameSamuels v McCurdy Sheriff of DeKalb County GeorgiaCitations267 U S 188 more 45 S Ct 264 69 L Ed 568 1925 U S LEXIS 364 37 A L R 1378Court membershipChief Justice William H Taft Associate Justices Oliver W Holmes Jr Willis Van DevanterJames C McReynolds Louis BrandeisGeorge Sutherland Pierce ButlerEdward T Sanford Harlan F StoneCase opinionsMajorityTaft joined by Holmes Van Devanter Brandeis Sutherland SanfordDissentButlerStone took no part in the consideration or decision of the case Contents 1 Background 2 Opinion of the Court 3 See also 4 References 5 External linksBackground editIn 1917 Georgia s prohibition law became effective prior to federal prohibition with the Eighteenth Amendment Sig Samuels legally purchased alcohol for personal use prior to the ban which the DeKalb County Sheriff seized with a valid search warrant after the law became effective 1 Samuels sued for a return of his property for violating his due process He also claimed the law was being applied in an ex post facto fashion because consumption per se was not forbidden by Georgia s law Opinion of the Court editThe court found that ex post facto does not apply because possession is an ongoing condition This law is not an ex post facto law It does not provide a punishment for a past offense It does not fix a penalty for the owner for having become possessed of the liquor The penalty it imposes is for continuing to possess the liquor after the enactment of the law Chief Justice Taft writing for the courtSee also editList of United States Supreme Court cases volume 267References edit Samuels v McCurdy 267 U S 188 1925 External links editText of Samuels v McCurdy 267 U S 188 1925 is available from Cornell Justia Library of Congress Retrieved from https en wikipedia org w index php title Samuels v McCurdy amp oldid 1175149451, wikipedia, wiki, book, books, library,
