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BELLOMINI v. UNITED STATES

No. 4172.

4 F.2d 104 (1925)

BELLOMINI v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

March 16, 1925.

Attorney(s) appearing for the Case

Thomas J. Walsh, of Memphis, Tenn. (Ernest S. Bell, of Memphis, Tenn., on the brief), for plaintiff in error.

W. H. Fisher, Asst. U. S. Atty., of Memphis, Tenn. (S. E. Murray, U. S. Atty., and A. A. Hornsby, Asst. U. S. Atty., both of Memphis, Tenn., on the brief), for the United States.

Before DENISON and MOORMAN, Circuit Judges, and WESTENHAVER, District Judge.

PER CURIAM.

This conviction for violating the Harrison Anti-Narcotic Act was based solely on count 2 of the indictment; the other counts being withdrawn from the jury. Count 2 seems to have been intended to charge an offense under section 8 of the act (section 6287n, Comp. St.), but with some aid from section 1 as amended February 24, 1919 (section 6287g, Comp. St. Ann. Supp. 1919). The part of this count now important is quoted in the margin.1<...

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