| United States - 1927 - 700 pages
...abstracting mail matter from an authorized depository for such matter, describe distinct offenses. Id. Where the same act or transaction constitutes a violation of two distinct statutory provisions, test to be applied to determine whether there are two offenses Is whether each requires proof of fact»... | |
| United States. Navy. Office of the Judge Advocate General - 1948 - 1056 pages
...follows: Each of the offenses created requires proof of a different element. The applicable rule is that where the same act or transaction constitutes...only one, is whether each provision requires proof of a fact which the other does not Applying this test in the instant case, it is apparent from the pleadings... | |
| 1953 - 1294 pages
...S Ct 180). Where the same act or transaction is relied upon as constituting two separate offenses, the test to be applied to determine whether there are two offenses or only one, is whether each offense requires proof of a fact or element not required by the other. The different element in Charge... | |
| United States. National Commission on Reform of Federal Criminal Laws - 1970 - 798 pages
...three counts with cumulative punishment. Blockburger states the "same evidence" test as follows : 8 Where the same act or transaction constitutes a violation...proof of an additional fact which the other does not. It seems beyond argument that the appropriate sentence and the number of years for which a man shall... | |
| United States. Supreme Court - 1970 - 1156 pages
...Blockburger v. United States, 284 US 299, 304 (1932), it was stated, so far as here relevant, that "the test to be applied to determine whether there...two offenses or only one, is whether each provision [ie, each charge] requires proof of a fact which the other does not." (Emphasis added.) 1 The test... | |
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1970 - 1208 pages
...Blockburger v. United States, 284 US 299, 304 (1932), it was stated, so far as here relevant, that "the test to be applied to determine whether there...two offenses or only one, is whether each provision [ie, each charge] requires proof of a fact which the other does not." (Emphasis added.) 1 The test... | |
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