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HODGE v. UNITED STATES

No. 4287.

13 F.2d 596 (1926)

HODGE v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

June 11, 1926.

Attorney(s) appearing for the Case

Dr. O. W. Hodge was convicted of violation of the Harrison Anti-Narcotic Act, and he brings error. Affirmed.

Chas. M. Bryan, of Memphis, Tenn. (Arthur G. Brode, of Memphis, Tenn., on the brief), for plaintiff in error.

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

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.

KNAPPEN, Circuit Judge.

Plaintiff in error, a physician, was charged with violating the Harrison Anti-Narcotic Act1 by selling to one McGrath, who was in fact a narcotic inspector, on each of two days in June, a quantity of heroin, an opium derivative, otherwise than in pursuance of an order from the vendee, and otherwise than in the course of practice as a physician; the vendee not being then and there a patient of defendant. There was...

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