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LAMENTO v. UNITED STATES

No. 6619.

4 F.2d 901 (1925)

LAMENTO v. UNITED STATES

Circuit Court of Appeals, Eighth Circuit.

March 30, 1925.

Attorney(s) appearing for the Case

W. G. Lynch, of Kansas City, Mo. (Henry C. Smith and Horace Guffin, both of Kansas City, Mo., on the brief), for plaintiff in error.

Charles C. Madison, U. S. Atty., and Samuel M. Carmean, Asst. U. S. Atty., both of Kansas City, Mo. (Charles S. Walden, Sp. Asst. U. S. Atty., and Harvey Roney, Asst. U. S. Atty., both of Kansas City, Mo., on the brief), for the United States.

Before SANBORN, Circuit Judge, and TRIEBER and PHILLIPS, District Judges.

SANBORN, Circuit Judge.

The defendant in the District Court below was indicted, tried, and convicted under the first count for a violation of sections 1 and 8 (sections 6287g, 6287n, U. S. Compiled Statutes) of the Anti-Narcotic Act of December 17, 1914, as amended February 24, 1919 (Comp. St. Ann. Supp. 1919, § 6287g), in that about July 5, 1923, at Kansas City, Mo., being a retail dealer, he was in possession of about six ounces of smoking opium without having...

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