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DUKE v. UNITED STATES

No. 907.

301 U.S. 492 (1937)

57 S.Ct. 835

81 L.Ed. 1243

DUKE v. UNITED STATES.

Supreme Court of United States.

Decided May 24, 1937.

Attorney(s) appearing for the Case

Mr. Jesse C. Duke, pro se.

Mr. William W. Barron, with whom Solicitor General Reed and Assistant Attorney General McMahon were on the brief, for the United States.

MR. JUSTICE SUTHERLAND delivered the opinion of the Court.

The court below, being divided and in doubt, and desiring the instruction and advice of this court, has certified the following questions of law:

"1. May a misdemeanor, for which no infamous punishment is prescribed, be prosecuted by information, where the punishment therefor may exceed $500 fine or six months' imprisonment, without hard labor, or both?

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