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WEAVER v. UNITED STATES

No. 4574.

15 F.2d 38 (1926)

WEAVER v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

October 16, 1926.

Attorney(s) appearing for the Case

W. P. Lopez, of Memphis, Tenn. (M. L. Tallant, 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., of Memphis, Tenn., on the brief), for the United States.

Before DONAHUE, MOORMAN, and KNAPPEN, Circuit Judges.

DONAHUE, Circuit Judge.

The plaintiff in error, Doc Weaver, was indicted upon five counts, each count charging a violation of the Harrison Anti-Narcotic Act (Comp. St. §§ 6287g-6287q). He was found guilty and sentenced on counts 1 and 3. Count 1 charged the defendant with the unlawful purchase of morphine, which was not then and there purchased in the original stamped package, and not from the original stamped package. Count 3 charged him with the sale of...

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