The applicable rule is that where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of an... Medicare at Risk: Emerging Fraud in Medicare Programs : Hearing Before the ... - Stran 121avtor: United States. Congress. Senate. Committee on Governmental Affairs. Permanent Subcommittee on Investigations - 1997 - 326 straniCelotni ogled - O knjigi
| United States - 1927 - 702 strani
...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»... | |
| United States. Navy Department - 1948 - 1008 strani
...follows: Each of the offenses created requires proof of a different element. The applicable rule is that where the same act or transaction constitutes...requires proof of a fact which the other does not Applying this test in the instant case, it is apparent from the pleadings and from the evidence adduced... | |
| 1953 - 1294 strani
...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... | |
| United States. National Commission on Reform of Federal Criminal Laws - 1970 - 798 strani
...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... | |
| United States. Supreme Court - 1970 - 1156 strani
...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... | |
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1970 - 1208 strani
...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... | |
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