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" The applicable rule is that where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of an... "
Environmental Administrative Decisions: Decisions of the United States ... - Page 385
by United States. Environmental Protection Agency - 1985
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 445

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1979 - 996 pages
...wording of the statutes alone. Thus, in Blockburger itself the Court stated that "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." 284 US, at 304 (emphasis added). More recently, we framed the test...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 432

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1976 - 602 pages
...punishment was stated in Blockburger v. United States, 284 US 299, 304 (1932): "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. ..." This test emphasizes the elements of the two crimes. "If each...
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United States Code Annotated

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»...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 284

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1932 - 798 pages
...345, 351. 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. Gavieres v. United States, 220 US 338, 342, and authorities cited....
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Court-martial Orders

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...
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Digest of Opinions: The Judge Advocates General of the Armed Forces, Volume 3

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...
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Working Papers of the National Commission on Reform of Federal ..., Volume 1

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...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 397

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...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 397

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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Protecting America's Estuaries: Florida: Hearings Before a Subcommittee on ...

United States. Congress. House. Committee on Government Operations. Conservation and Natural Resources Subcommittee - 1973 - 1488 pages
...person to be punished twice for the same offense. The applicable rule is that, where the same action or transaction constitutes a violation of two distinct...proof of an additional fact which the other does not. Blockburger v. United States, 284 US 299, 304 (1932). Since the offense, either under the Federal Water...
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