James Clark McReynolds

“ The elimination of every possible doubt cannot be demanded. Tested by this standard, the judgment here questioned was sufficient to impose total imprisonment for 15 years, made up of three 5-year terms, one under the first count, one under the second, and one under the third, to be served consecutively, and to follow each other in the same sequence as the counts appeared in the indictment. This is the reasonable and natural implication from the whole entry. The words, 'said term of imprisonment to run consecutively and not concurrently,' are not consistent with a 5-year sentence. ”

“ That each of the offenses charged, alleged, and set forth in the indictment constitute a single continuous act inspired by the same intent, which is equally essential to each of the offenses charged in the three counts of said indictment, and the court erred and exceeded its jurisdiction in imposing a sentence of 15 years upon defendant. ”

“ The doctrine approved in Hammer v. Dagenhart, 247 U.S. 251, 38 S.C.t. 529, 62 L. Ed. 1101, 3 A. L. R. 649, Ann. Cas. 1918E, 724, Child Labor Tax Case, 259 U.S. 20, 42 S.C.t. 449, 66 L. Ed. 817, Hill v. ”