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Criminal Law

Balint (cited in Dillard) (US Supreme Ct, ?) Procedural Historv: Trial ct quashed indictment holding it wrongly failed to charge Balint knew the nature of the drugs he was selling. Facts: Balint sold a narcotic substance without obtaining written permission from the IRS as required by federal law. Issue: Does an indictment for selling narcotics without written permission require that the seller knew the nature of the drugs he was selling? Rule: The purpose of the Narcotic Act is to require every drug dealer to ascertain at his peril whether that which he sells comes within the statute, and if he sells the inhibited drug in ignorance of its nature, to penalize him. Holding: No, an indictment under the Narcotic Act does not require that the dealer knew the nature of the drugs he was selling. Reasoning (Taft): Congress meant for Narcotic Act to punish an innocent seller rather than subject an innocent purchaser to the dangers of the drug. Disposition: Reversed and indictment reinstated.