Oliver Wendell Holmes, Jr.

“ Furthermore Casey according to the story, was in no way induced to commit the crime beyond the simple request of Cicero to which he seems to have acceded without hesitation and as a matter of course. According to the evidence, he seems to have promised morphine to Nelson, who does not appear to have been in the supposed plot. We are not persuaded that the conduct of the officials was different from or worse than ordering a drink of a suspected bootlegger. Whatever doubts we may feel as to the truth of the testimony we are not at liberty to consider them on the only question before the Court. ”

“ The 'absence of appropriate tax-paid stamps' cannot be said to make out dissimilar and inconsistent offenses. Tax-paid stamps are significant to show payment of taxes, and their absence under some circumstances properly may be evidence of nonpayment. According to its words, the clause in question merely makes such absence 'prima facie evidence of a violation of this section,' the clause following makes possession of an original stamped package containing the drug by one not registered evidence of liability for a tax. ”

“ Eagerness to use federal law as a police measure to combat the opium habit-a purpose for which Congress has no power to legislate-should not lead to the enactment or the construction of laws that shock common sense. ”

“ Did every man and woman who possessed one of these instantly become a presumptive criminal and liable to imprisonment unless he could explain to the satisfaction of a jury when and where he got the stuff? ”

“ In dealing with a poison not commonly used except upon a doctor's prescription easily proved, or for a debauch only possible by a breach of law, it seems reasonable to call on a person possessing it in a form that warrants suspicion to show that he obtained it in a mode permitted by the law.-The petitioner cannot complain of the statute except as it affects him. ”

“ That evidence cannot fairly be brought forward now to sustain conviction on the first count.
Mere purchase or possession of morphine is not crime. Congress has not attempted, and has no power, to make either an offense, The gist of accusation is purchase of 3.4 grains of morphine that was not in or taken from a stamped package when delivered to defendant. ”

“ The first count charges an unlawful purchase of 3.4 grains of morphine. The second charges unlawful sales. Defendant was convicted on both, and sentenced to the penitentiary for fourteen months on each, the terms to run concurrently. The Circuit Court of Appeals affirmed the judgment on both counts. Here the government rightly says that the conviction on the second count should not be sustained. This Court accepts that view, and as to that count petitioner is entitled to have the judgment reversed. ”