...contrary legislative intent. In the Blockburger case the Court held that "[t]he applicable rule is that where the same act or transaction constitutes a violation...requires proof of a fact which the other does not." Id., at 304. See also Brown v. Ohio, 432 US, at 166; Icmnelli v. United States, 420 US 770; Gore v....

...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»...

...Court. 284 US sale not in or from the original stamped package and without a written order. P. 303. 3. Where the same act or transaction constitutes a violation...requires proof of a fact which the other does not. P. 304. 4. The penal section of the Act, " any person who violates or fails to comply with any of the...

...299) : Each of the offenses created requires proof of a different element. The applicable rule is that where the same act or transaction constitutes a violation...requires proof of a fact which the other does not. Applying this test in the instant case it is apparent that there are two separate and distinct offenses...

...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...

...different evidence and protecting different federal interests. It is true that this Court has said: "where the same act or transaction constitutes a violation...not." Blockburger v. United States, 284 US 299, 304. But, so far as appears, neither this "same eviOpinion of BRENNAN, J. 359 US dence" test nor a "separate...

...three counts with cumulative punishment. Blockburger states the "same evidence" test as follows : 8 Where the same act or transaction constitutes a violation...only one, is whether each provision requires proof of an additional fact which the other does not. It seems beyond argument that the appropriate sentence...

...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...

...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...

...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...only one is whether each provision requires proof of an additional fact which the other does not. Blockburger v. United States, 284 US 299, 304 (1932)....