SANBORN, Circuit Judge.
The defendant below, Pete Diamond, was indicted, tried, convicted, and sentenced for his alleged sale to Carl Miller on December 20, 1921, in the city of St. Louis, of six grains of morphine hydrochloride, in violation of section 2 of the Harrison Anti-Narcotic Act, 38 Stat. 786 (U. S. Compiled Statutes, § 6287h). His counsel complains of his trial on the grounds:
First, that the court charged the jury that there was no question...
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