MITCHELL v. UNITED STATES

No. 4219.

3 F.2d 514 (1925)

MITCHELL v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

February 3, 1925.


Attorney(s) appearing for the Case

A. M. Tillman, of Nashville, Tenn. (Tillman & McCall, of Nashville, Tenn., on the brief), for plaintiff in error.

Howard B. Shofner, Asst. U. S. Atty., of Nashville, Tenn. (A. V. McLane, U. S. Atty., of Nashville, Tenn., on the brief), for the United States.

Before DENISON, MACK, and DONAHUE, Circuit Judges.


DENISON, Circuit Judge.

Mitchell, who was a physician, was convicted under five counts for selling narcotics in violation of the Harrison Act (Comp. St. §§ 6287g-6287q). He was sentenced to imprisonment for two years upon each count; but the sentences were to run concurrently. It follows that if the sentence upon any one count is sustained, it is practically immaterial whether it is good under another count. However, for such effect, if any, as it may have...

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