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MINOR v. UNITED STATES

No. 189.

396 U.S. 87 (1969)

90 S.Ct. 284

24 L.Ed.2d 283

MINOR v. UNITED STATES.

Supreme Court of United States.

Decided December 8, 1969

Attorney(s) appearing for the Case

Phylis Skloot Bamberger, by appointment of the Court, post, p. 809, argued the cause for petitioner in No. 189. With her on the briefs was William E. Hellerstein. David A. Diamond argued the cause and filed a brief for petitioner in No. 271.

Peter L. Strauss argued the cause for the United States in No. 189. With him on the brief were Solicitor General Griswold, Assistant Attorney General Wilson, Beatrice Rosenberg, and Leonard H. Dickstein. Joseph J. Connolly argued the cause for the United States in No. 271. With him on the brief were Solicitor General Griswold, Assistant Attorney General Wilson, Miss Rosenberg, and Mervyn Hamburg.

MR. JUSTICE WHITE delivered the opinion of the Court.

These cases raise related questions about the availability of the Fifth Amendment as a defense to convictions for selling narcotic drugs and marihuana without the written order forms required by law.

James Minor, petitioner in No. 189, sold heroin on two separate occasions in 1967 to an undercover narcotics agent. Having waived trial by jury, petitioner was convicted...

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