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ROBINSON v. UNITED STATES

No. 8354.

366 F.2d 575 (1966)

Francis Ray ROBINSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

September 20, 1966.

Attorney(s) appearing for the Case

Elmore A. Page, Tulsa, Okl., for appellant.

Hugh V. Schaefer, Tulsa, Okl. (John M. Imel and Lawrence A. McSoud, Tulsa, Okl., on the brief), for appellee.

Before LEWIS, BREITENSTEIN and HILL, Circuit Judges.

HILL, Circuit Judge.

Appellant was indicted on seven Counts. Counts 1 through 4 charged separate violations of 21 U.S.C. § 331 (k), in that he caused a number of capsules of amobarbital sodium and secobarbital sodium to be dispensed without a prescription, each dispensing being an act which misbranded the drugs; Count 5 charged the sale of 100 morphine tablets, such sale not being in pursuance of a written order, in violation of 26 U.S.C. §§ 4705(a...

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