McINTOSH v. UNITED STATES

No. 3324.

1 F.2d 427 (1924)

McINTOSH v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

Petition for Rehearing Overruled September 18, 1924.


Attorney(s) appearing for the Case

Frans E. Lindquist, of Kansas City, Mo., L. E. Stone, of Springfield, Ill., and J. B. Boddie, of Chicago, Ill., for plaintiff in error.

Thos. Williamson, U. S. Atty., of Springfield, Ill., Wm. B. Schroder, Asst. U. S. Atty., of Rock Island, Ill., and Thomas F. Smith, Asst. U. S. Atty., of Springfield, Ill.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.


PAGE, Circuit Judge.

Plaintiff in error, here called defendant, asks reversal of a judgment of conviction under an indictment containing 12 counts, of which count 5 and counts 7 to 12 were nollied upon the trial. Upon counts 3 and 4 defendant was found not guilty, and was convicted on counts 1, 2, and 6.

1. Count 6 charged defendant to be a person "dealing in a certain derivative of opium, to wit, morphine sulphate...

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